Coyt Bryant v. Terry O’brien; John Howard Bennett

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8010
COYT BRYANT,
Petitioner - Appellant,
v.
TERRY O’BRIEN; JOHN HOWARD BENNETT,
Respondents - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
Chief District Judge. (2:12-cv-00069-JPB-JSK)
Submitted: March 28, 2013 Decided: April 2, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Coyt Bryant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Coyt Bryant seeks to appeal the magistrate judge’s
report and recommendation to dismiss his 28 U.S.C. § 2241 (2006)
petition and has filed a motion for transcript at government
expense. This court may exercise jurisdiction only over final
orders, see 28 U.S.C. § 1291 (2006), and certain interlocutory
and collateral orders, see 28 U.S.C. § 1292 (2006); Fed. R. Civ.
P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
545-46 (1949). Because the magistrate judge’s report and
recommendation is neither a final order nor an appealable
interlocutory or collateral order, we deny Bryant’s motion for
transcript at government expense and 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

-- 2 of 2 --