JUAN CARLOS OLIVO RAMIREZ v. FRANK PERRY NC

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United States Court of Appeals, Fourth Circuit.

JUAN CARLOS OLIVO RAMIREZ, Petitioner - Appellant, v. FRANK PERRY, Secretary NC Department of Public Safety, Respondent - Appellee.

No. 16-6794

Decided: September 15, 2016

Before TRAXLER, AGEE, and THACKER, Circuit Judges. Juan Carlos Olivo Ramirez, Appellant Pro Se.

Juan Carlos Olivo Ramirez seeks to appeal the magistrate judge's recommendation to deny relief on Ramirez's 28 U.S.C. § 2254 (2012) petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Ramirez 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 this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM: