
    James G. ARMISTEAD, Petitioner-Appellant, v. Derrick WADSWORTH, Superintendent; Hyde Correctional Institution, Respondents-Appellees.
    No. 04-7371.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Dec. 9, 2004.
    Decided: Dec. 16, 2004.
    James G. Armistead, Appellant pro se.
    Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.
    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

James G. Armistead seeks to appeal the magistrate judge’s 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The report and recommendation of the magistrate judge 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 the court and argument would not aid the decisional process.

DISMISSED  