Michael Coley v. Joseph Hall, No. 13-7929 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7929 MICHAEL WAYNE COLEY, Petitioner - Appellant, v. JOSEPH B. HALL, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (1:13-cv-00484-JAB-JLW) Submitted: February 27, 2014 Decided: March 5, 2014 Before NIEMEYER, KING, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Wayne Coley, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael magistrate judge s Wayne Coley report and seeks to appeal recommendation that from the recommends denying as untimely his 28 U.S.C. § 2254 (2012) petition. The district court has not acted on the recommendation. This court may 28 exercise jurisdiction only over final orders, U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). v. The order Coley seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials Accordingly, we We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED 2

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