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151 F. App'x 229

United States v. Brooks

U.S. Courts of Appeals

Decided September 27, 2005

U.S. Courts of Appeals · decided 2005-09-27

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2005-09-27

¶1Dismissed by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

¶3Regina Faye Brooks seeks to appeal the magistrate judge’s report and recommendation advising the district court to deny Brooks’ motion for supplemental briefing and to deny relief on Brooks’ 28 U.S.C. § 2255 (2000) motion. This court may exercise 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, 546, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The report and recommendation Brooks 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 the court and argument would not aid the decisional process.

¶4DISMISSED

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