Daniel David v. Kenny Atkinson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7423
DANIEL DAVID,
Petitioner - Appellant,
v.
KENNY ATKINSON,
Respondent – Appellee,
and
UNITED STATES OF AMERICA, District of Columbia; FEDERAL
BUREAU OF PRISONS; ERIC H. HOLDER, JR., United States
Attorney General,
Respondents.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:13-cv-01511-DCN)
Submitted: January 29, 2014 Decided: February 5, 2014
Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Daniel David, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Daniel David seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation and
recharacterizing David’s 28 U.S.C. § 2241 (2012) petition as a
28 U.S.C. § 2255 (2012) motion. 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 David seeks
to appeal is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we deny leave
to proceed in forma pauperis 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

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