Mitter v. McBride, (4th Cir. 2007)

Status: Not Published

Docket Number: 06-6631

Linked as:

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6631

CHARLES LEE MITTER,

Petitioner - Appellant,

versus

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-00028-REM)

Submitted: February 15, 2007 Decided: February 21, 2007

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Lee Mitter, Appellant Pro Se. Dawn Ellen Warfield, OFFICE

OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Charles Lee Mitter seeks to appeal the district court's order adopting the recommendation fo the magistrate judge and denying his motion to hold his 28U.S.C. § 2254 (2000) petition in abeyance. This court may exercise jurisdiction only over final orders, 28U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Mitter 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.

DISMISSED