UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6570
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REGINA FAYE BROOKS,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John S. Kaull, Magistrate
Judge. (CR-01-16; CA-03-103)
Submitted: August 31, 2005 Decided: September 27, 2005
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Regina Faye Brooks, Appellant Pro Se. Sherry L. Muncy, OFFICE OF
THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Regina Faye Brooks seeks to appeal the magistrate judge’s
report and recommendation advising the district court to deny
Brooks’ motion for supplemental briefing and to deny relief on
Brooks’ 28 U.S.C. § 2255 (2000) motion. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and
certain interlocutory and collateral orders, 28 U.S.C. § 1292
(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 546 (1949). The report and recommendation
Brooks 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 the court and argument would not aid the
decisional process.
DISMISSED
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