Harold SMITH, Petitioner-Appellant, v. Alberto R. GONZALES; Harley G. Lappin; Richard Holt; John J. Lamanna, Respondents-Appellees, 204 F. App'x 308

PER CURIAM: Harold Smith, a federal prisoner, seeks to appeal the district court’s order affirming the magistrate judge’s order denying Smith’s motion for appointment of counsel in his action filed under 28 U.S.C. § 2241 (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.CivJP. 54(b); Cohen v. Beneficial Indus. Loan Corp., 387 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Smith seeks to appeal is neither a final order nor an appealable interlocutory or collateral order.

Accordingly, we dismiss the appeal for lack of jurisdiction. Smith’s motion for leave to perpetuate testimony pending appeal is 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. To the extent that Smith seeks to challenge the magistrate judge’s order denying Smith’s motion to stay his case pending his transfer to another facility, he failed to appeal this order to the district court and therefore has waived further review. Fed.R.Civ.P. 72(a).