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    Wheeler v. Johnson, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rowland A. Wheeler, a state prisoner. Wheeler sought to appeal a magistrate judge's report and recommendation to deny his petition for habeas corpus relief under 28 U.S.C. § 2254. The court dismissed the appeal for lack of jurisdiction because the magistrate judge's report and recommendation is not a final order and is not an appealable interlocutory or collateral order.

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    Wheeler v. Johnson, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rowland A. Wheeler, a state prisoner. Wheeler sought to appeal a magistrate judge's report and recommendation to deny his petition for habeas corpus relief under 28 U.S.C. § 2254. The court dismissed the appeal for lack of jurisdiction because the magistrate judge's report and recommendation is not a final order and is not an appealable interlocutory or collateral order.

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    Filed: 2006-10-19 Precedential Status: Non-Precedential Docket: 06-6228

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rowland A. Wheeler, a state prisoner. Wheeler sought to appeal a magistrate judge's report and recommendation to deny his petition for habeas corpus relief under 28 U.S.C. § 2254. The court dismissed the appeal for lack of jurisdiction because the magistrate judge's report and recommendation is not a final order and is not an appealable interlocutory or collateral order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    5 views2 pages

    Wheeler v. Johnson, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rowland A. Wheeler, a state prisoner. Wheeler sought to appeal a magistrate judge's report and recommendation to deny his petition for habeas corpus relief under 28 U.S.C. § 2254. The court dismissed the appeal for lack of jurisdiction because the magistrate judge's report and recommendation is not a final order and is not an appealable interlocutory or collateral order.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6228

    ROWLAND A. WHEELER,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (1:05-cv-00032-RAJ)

    Submitted: October 17, 2006

    Decided: October 19, 2006

    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Rowland A. Wheeler, Appellant Pro Se. Steven Andrew Witmer, OFFICE


    OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Rowland A. Wheeler, a state prisoner, seeks to appeal the
    magistrate judges report and recommendation to deny his petition
    for habeas corpus relief under 28 U.S.C. 2254 (2000).

    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 (1949).

    The report and recommendation of

    the magistrate judge is neither a final order nor an appealable


    interlocutory or collateral order.
    appeal for lack of jurisdiction.

    Accordingly, we dismiss the

    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 in the
    decisional process.

    DISMISSED

    - 2 -

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