Coyt Bryant v. Terry O'Brien, No. 12-8010 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-8010 COYT BRYANT, Petitioner - Appellant, v. TERRY O BRIEN; JOHN HOWARD BENNETT, Respondents - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:12-cv-00069-JPB-JSK) Submitted: March 28, 2013 Decided: April 2, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Coyt Bryant, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Coyt Bryant seeks to appeal the magistrate judge s report and recommendation to dismiss his 28 U.S.C. § 2241 (2006) petition and has filed a motion for transcript at government expense. 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). recommendation Because is neither the a magistrate final judge s order nor report an and appealable interlocutory or collateral order, we deny Bryant s motion for transcript at government expense and dismiss the appeal for lack of jurisdiction. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 2