
    Edward L. MOSELY, Petitioner-Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent-Appellee.
    No. 03-7132.
    United States Court of Appeals, Fourth Circuit.
    Submitted Sept. 25, 2003.
    Decided Oct. 10, 2003.
    
      Edward L. Mosely, Appellant Pro Se. Richard Bain Smith, Assistant Attorney General, Richmond, Virginia, for Appellee.
    Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM:

Edward L. Mosely seeks to appeal the magistrate judge’s recommendation to dismiss his petition filed 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 magistrate judge’s recommendation Mosely seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir.1999). 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.  