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119 F. App'x 540

Causey v. McMaster

U.S. Courts of Appeals

Decided January 19, 2005

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U.S. Courts of Appeals · decided 2005-01-19

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

Relies on Cohen v. Beneficial Industrial Loan Corp. · Haney v. Addison

Dismissed by unpublished per curiam opinion · Decided 2005-01-19

PER CURIAM:

¶1 George F. Causey seeks to appeal the magistrate judge’s report * recommending that his 28 U.S.C. § 2254 (2000) petition be dismissed as successive. Rather than file objections to the report and recommendation, that would be considered by the district court, Causey filed a notice of appeal. This court may exercise jurisdiction only *541 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Causey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir.1999) (holding that absent both designation by the district court and consent of the parties under 28 U.S.C. § 636(c) (2000), a magistrate judge’s recommendation is not a final appealable decision under 28 U.S.C. § 1291 (2000)). 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.

¶2 DISMISSED

*

¶3 The matter had been referred to the magistrate judge for a recommendation under 28 U.S.C. § 636(b)(1)(B) (2000).

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