UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7222
D’ANDRE LOVERTURE JACKSON,
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
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-01-811-2)
Submitted: October 10, 2002 Decided: October 21, 2002
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
D’Andre Loverture Jackson, Appellant Pro Se. Steven Andrew Witmer,
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Unpublished opinions are not binding precedent in this circuit.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:
D’Andre Loverture Jackson appeals the magistrate judge’s order
recommending dismissal of his 28 U.S.C. § 2254 (2000) petition as
untimely. We dismiss the appeal for lack of jurisdiction because
the order is not appealable. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (1994), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (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