James Pipes v. Thomas McBride

Filing 920081229

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8094

JAMES FRANKLIN PIPES, Petitioner - Appellant, v. THOMAS MCBRIDE, Warden, 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-00058-REM-JSK)

Submitted:

December 16, 2008

Decided:

December 29, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Franklin Pipes, Appellant Pro Se. Deputy Attorney General, Charleston, Appellee.

Dawn Ellen Warfield, West Virginia, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James order adopting Franklin in part, Pipes appeals in the district and court's for

vacating

part,

remanding

further consideration the magistrate judge's recommendation to dismiss under Pipes' 28 petition for § 2254 a writ of This habeas court corpus may brought exercise

U.S.C.

(2000).

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 order Pipes seeks to

appeal is neither a final order nor an appealable interlocutory or collateral order. lack of jurisdiction. Accordingly, we dismiss the appeal for 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