Maurice Bailey v. Warden, No. 20-7090 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7090 MAURICE BAILEY, Petitioner - Appellant, v. WARDEN, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Pamela Meade Sargent, Magistrate Judge. (7:20-cv-00284-GEC-PMS) Submitted: November 17, 2020 Decided: November 20, 2020 Before MOTZ and KEENAN, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Maurice Bailey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Maurice Bailey seeks to appeal the magistrate judge’s order directing Bailey to notify the court how he sought to proceed with his 28 U.S.C. § 2241 petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Bailey seeks to appeal is neither a final order nor 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 this court and argument would not aid the decisional process. DISMISSED 2

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