Murray v. Francis

Filing 920070606

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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). over final orders, This court may exercise jurisdiction only 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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