UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6027
WILLIAM WISE MURRAY,
Petitioner - Appellant,
versus
WARDEN JOYCE FRANCIS,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert E. Maxwell, Senior
District Judge. (2:05-cv-00096-REM)
Submitted: May 31, 2007 Decided: June 6, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Wise Murray, Appellant Pro Se. Alan Gordon McGonigal,
OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Wise Murray seeks to appeal the magistrate
judge’s recommendation to dismiss Murray’s petition filed under 28
U.S.C. § 2241 (2000). 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 (1949). The magistrate judge’s recommendation Murray seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir.
1999) (holding that absent both designation by district court and
consent of parties under 28 U.S.C. § 636(c) (2000), magistrate
judge’s recommendation is not final appealable decision under
§ 1291). 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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