
    UNITED STATES of America, Plaintiff-Appellee, v. James Timothy BALLANCE, Defendant-Appellant.
    No. 00-7738.
    United States Court of Appeals, Fourth Circuit.
    Submitted Jan. 11, 2001.
    Decided Jan. 19, 2001.
    James Timothy Ballance, pro se. John Staige Davis, V, Office of the United States Attorney, Richmond, VA, for appellee.
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
   PER CURIAM.

James Timothy Ballance appeals the magistrate judge’s order denying his motion for interim release during his pursuit of habeas relief. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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 order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We deny a certificate of appealability and dismiss the appeal as interlocutory. 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.  