Eubanks v. Bishop

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 28, 2022
• Docket: 21-20408
• Status: Unpublished

Opinion

Case: 21-20408 Document: 00516410527 Page: 1 Date Filed: 07/28/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED July 28, 2022 No. 21-20408 Summary Calendar Lyle W. Cayce Clerk

Donald Ray Eubanks,

Plaintiff—Appellant,

versus

Bishop; Brian Collier; John Werner; Senior Warden Boscoe; Knoor; Fallasee Ojo; Owen Murray; Lianette Linthicum; Steven Williams; Olungbenda; Cynthia Ho; Bower; Murphy; Eduardo Oriheula; Cameron Ghaffary; Feng; Lee; Goodgame; Ballow,

Defendants—Appellees.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CV-1879

Before King, Higginson, and Willett, Circuit Judges. Per Curiam:*

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-20408 Document: 00516410527 Page: 2 Date Filed: 07/28/2022

No. 21-20408

Donald Ray Eubanks, Texas prisoner # 1593107, appeals the denial of his motion for the appointment of counsel in his 42 U.S.C. § 1983 civil rights action. We lack jurisdiction because the order denying his motion to appoint counsel is not an appealable interlocutory order. See Williams v. Catoe, 946 F.3d 278, 279-81 (5th Cir. 2020) (en banc). The appeal is DISMISSED for lack of jurisdiction.