Milford Washington v. Gene Johnson, No. 11-6209 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6209 MILFORD WASHINGTON, Petitioner Appellant, v. HAROLD W. CLARKE, Director of the Virginia Department of Corrections, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Tommy E. Miller, Magistrate Judge. (2:10-cv-00100-RBS-TEM) Submitted: June 16, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, June 20, 2011 and HAMILTON, Dismissed by unpublished per curiam opinion. Milford Washington, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Milford judge s report Washington and seeks to appeal the magistrate recommendation to dismiss his 28 § 2254 (2006) petition. U.S.C. This court may exercise jurisdiction only over final orders, see 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, see 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because the magistrate judge s report and recommendation is neither a final order nor an appealable interlocutory or collateral order, 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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