972 F.2d 341
Kenneth Allen PRUITT, Petitioner-Appellant,
Edward W. MURRAY, Director of the Virginia Department of
United States Court of Appeals,
Submitted: July 20, 1992
Decided: August 4, 1992
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, District Judge. (CA-91-571-N)
Kenneth Allen Pruitt, Appellant Pro Se.
Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee.
Before MURNAGHAN, HAMILTON, and LUTTIG, Circuit Judges.
Kenneth Allen Pruitt appeals from the magistrate judge's statement from the bench that he would recommend to the district court that Pruitt's 28 U.S.C. § 2254 (1988) petition be dismissed. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.
We deny a certificate of probable cause to appeal and dismiss the appeal as interlocutory. 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.