¶1Dismissed by unpublished PER CURIAM opinion.
¶2Unpublished opinions are not binding precedent in this circuit.
¶3Ben Howard Smith seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing Defendant Percy B. Harvin. This court may exercise jurisdiction only *32over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); 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 Smith seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we grant the Appellees’ motion to 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.
¶4 DISMISSED.