UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6993
ROYE LEVON PITTMAN,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. James E. Bradberry, Magistrate
Judge. (CA-99-483-2)
Submitted: October 21, 1999 Decided: October 27, 1999
Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roye Levon Pittman, Appellant Pro Se. Robert H. Anderson, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Roye Levon Pittman, a Virginia inmate, seeks to appeal from
the magistrate’s recommendation that the state’s motion to dismiss
be granted and that Pittman’s 28 U.S.C.A. § 2254 (West Supp. 1999)
petition be dismissed. We dismiss the appeal for lack of jurisdic-
tion because the order is not appealable. This court may exercise
jurisdiction only over final orders, see 28 U.S.C. § 1291 (1994),
and certain interlocutory and collateral orders, see 28 U.S.C. §
1992 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541 (1949). The order here appealed is neither a
final order nor an appealable interlocutory or collateral order.
We deny a certificate of appealability and dismiss the appeal
as interlocutory. 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