Eruchalu v. INS

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-31190 Conference Calendar

CHRISTOPHER ERUCHALU, Plaintiff-Appellant,

versus

IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 96-CV-1075 - - - - - - - - - - April 15, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Because there is no final district court order, we lack

jurisdiction over the appeal of Immigration and Naturalization

Service (INS) detainee Christopher Eruchalu, Sr., No. 316581. 28

U.S.C. § 1291. We note the correctness of the district court’s

determination that it lacked subject-matter jurisdiction over

Eruchalu’s petition under 28 U.S.C. § 2241. Accordingly, we

DISMISS AS MOOT Eruchalu’s motions for a stay of deportation and

appointment of counsel.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. - 2 -

APPEAL DISMISSED.