Stephen Ray Westberry v. Beneficial Indus. Loan Corp., 337 U.S. 541 1949 . The

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7979
STEPHEN RAY WESTBERRY,
Plaintiff - Appellant,
versus
SAM RILEY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. R. Bryan Harwell, District Judge.
(9:06-cv-02758-RBH)
Submitted: January 25, 2007 Decided: February 1, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Stephen Ray Westberry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Stephen Ray Westberry seeks to appeal the report and
recommendation of the magistrate judge entered November 9, 2006.
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 order
Westberry seeks to appeal is not an appealable interlocutory or
collateral order. Accordingly, we dismiss the appeal for lack of
jurisdiction. Westberry’s motion for summary judgment is also
denied. 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

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