Anthony Jesus JOHNSON, Petitioner-Appellant, v. Warden Leroy CARTLEDGE, Respondent-Appellee, and Atty Gen Alan Wilson; The State, Respondents, 540 F. App'x 190

Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Jesus Johnson seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and denying the respondents’ motion for

summary judgment in Johnson’s 28 U.S.C. § 2254 (2006) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Johnson seeks to appeal 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 this court and argument would not aid the decisional process. DISMISSED.