UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7929
MICHAEL WAYNE COLEY,
Petitioner - Appellant,
v.
JOSEPH B. HALL,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
District Judge. (1:13-cv-00484-JAB-JLW)
Submitted: February 27, 2014 Decided: March 5, 2014
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Wayne Coley, Appellant Pro Se. Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Wayne Coley seeks to appeal from the
magistrate judge’s report and recommendation that recommends
denying as untimely his 28 U.S.C. § 2254 (2012) petition. The
district court has not acted on the recommendation. This court
may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (2012), and certain interlocutory and collateral orders,
28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Coley 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
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