Marcus Johnson v. Gage Guinn

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 25, 2020
• Docket: 18-40086
• Status: Unpublished

Opinion

Case: 18-40086 Document: 00515465818 Page: 1 Date Filed: 06/25/2020

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

FILED No. 18-40086 June 25, 2020 Summary Calendar Lyle W. Cayce Clerk MARCUS DEON JOHNSON,

Plaintiff-Appellant

v.

GAGE L. GUINN,

Defendant-Appellee

Appeals from the United States District Court for the Eastern District of Texas USDC No. 6:16-CV-1169

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges. PER CURIAM: * Marcus Deon Johnson, Texas prisoner # 1719334, appeals the district court’s order granting counsel’s motion to withdraw and denying Johnson’s motion to appoint substitute counsel in his civil rights action under 42 U.S.C. § 1983. “This [c]ourt must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The denial of a motion for appointment of counsel in a § 1983 case is not

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40086 Document: 00515465818 Page: 2 Date Filed: 06/25/2020

No. 18-40086

immediately appealable under the collateral order doctrine. Williams v. Catoe, 946 F.3d 278, 279 (5th Cir. 2020) (en banc) (overruling Robbins v. Maggio, 750 F.2d 405 (5th Cir. 1985)). Accordingly, the appeal is DISMISSED for lack of jurisdiction.