Dustin Mitchell v. Denton County

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 27, 2020
• Docket: 19-40459
• Status: Unpublished

Opinion

Case: 19-40459 Document: 00515362075 Page: 1 Date Filed: 03/27/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 19-40459 FILED March 27, 2020 Summary Calendar Lyle W. Cayce Clerk DUSTIN MITCHELL,

Plaintiff-Appellant

v.

DENTON COUNTY; FNU INMAN, Sergeant, Denton County; TRACY MURPHREE; FNU CORDELL, Sergeant,

Defendants-Appellees

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:18-CV-399

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges. PER CURIAM: * Dustin Mitchell, Texas prisoner # 2221593, appeals the district court’s order overruling his objections to the magistrate judge’s rulings denying his motion for leave to file a third amended complaint, denying his motion to appoint counsel, and striking his third amended complaint from the record in his civil rights action under 42 U.S.C. § 1983. The interlocutory order at issue

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-40459 Document: 00515362075 Page: 2 Date Filed: 03/27/2020

No. 19-40459

is not an appealable order. See Williams v. Catoe, 946 F.3d 278, 279-81 (5th Cir. 2020) (en banc); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). Accordingly, we lack jurisdiction to entertain this appeal. APPEAL DISMISSED FOR LACK OF JURISDICTION.