Alan Duane ROSE, Petitioner-Appellant, v. Warden Larry CARTLEDGE, Respondent-Appellee, 704 F. App'x 257

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alan Duane Rose seeks to appeal the magistrate judge’s order granting his request to proceed in forma pauperis and directing the respondent to file an answer to the petition. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 Rose seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Rose’s motion for review and 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