Martin v. Johnson, No. 06-7389 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7389 WILBUR LEON MARTIN, JR., Petitioner - Appellant, versus GENE M. JOHNSON, Director Department of Corrections, of the Virginia Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:05-cv-00640-HCM) Submitted: December 14, 2006 Decided: December 21, 2006 Before MICHAEL, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Wilbur Leon Martin, Jr., Appellant Pro Se. Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wilbur Leon Martin, Jr., seeks to appeal the report and recommendation of the magistrate judge filed in his 28 U.S.C. § 2254 (2000) proceeding. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). order nor The order Martin seeks to appeal is neither a final an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED - 2 -

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