Daniel David v. Kenny Atkinson, No. 13-7423 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7423 DANIEL DAVID, Petitioner - Appellant, v. KENNY ATKINSON, Respondent Appellee, and UNITED STATES OF AMERICA, District of Columbia; FEDERAL BUREAU OF PRISONS; ERIC H. HOLDER, JR., United States Attorney General, Respondents. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. David C. Norton, District Judge. (5:13-cv-01511-DCN) Submitted: January 29, 2014 Decided: February 5, 2014 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Daniel David, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daniel order adopting David the seeks to appeal magistrate the judge s district court s recommendation and recharacterizing David s 28 U.S.C. § 2241 (2012) petition as a 28 U.S.C. § 2255 (2012) motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). to appeal is neither a final interlocutory or collateral order. The order David seeks order nor an appealable Accordingly, we deny leave to proceed in forma pauperis and 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 this court and argument would not aid the decisional process. DISMISSED 2

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