BOYKINS v. WARDEN

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION MAURICE BOYKINS, ) Plaintiff, v. No. 2:23-cv-00046-JPH-MJD FRANK VANIHEL, □ CHARLENE A. BURKETT, ) Defendants. □ ORDER Earlier in this case, the Court recruited counsel to represent Plaintiff. Recruited counsel filed a motion to withdraw, and the Court granted the motion. Dkt. 101. Plaintiff has filed a motion to extend the appeal deadline. Dkt. 116. That motion, dkt. [116], is denied. The Court cannot extend the deadline for Plaintiff to appeal the Court's Order because the Order is not appealable; instead, it is an interlocutory order that can be appealed only after final judgment is entered, which has not occurred in this case. Cf. Barnes v. Black, 544 F.3d 807, 810 (7th Cir. 2008) (citing Randle v. Victor Welding Supply Co., 664 F.2d 1064, 1066-67 (7th Cir. 1981) (per curiam)) (dismissing appeal of district court denial of motion for appointment of counsel under 28 U.S.C. § 1915(e)(1) for lack of appellate jurisdiction because ruling was nonfinal and nonappealable). SO ORDERED. Date: 9/18/2024 Sjamu Pataick Hanlon James Patrick Hanlon United States District Judge Southern District of Indiana

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