Robinson v. Goodwin

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 11, 2023
• Docket: 22-30358
• Status: Unpublished

Opinion

Case: 22-30358 Document: 00516606355 Page: 1 Date Filed: 01/11/2023

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

No. 22-30358 FILED January 11, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Arthur Ray Robinson,

Petitioner—Appellant,

versus

Jerry Goodwin, Warden, David Wade Correctional Center,

Respondent—Appellee. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:22-CV-941 ______________________________

Before Stewart, Willett, and Douglas, Circuit Judges. Per Curiam: * Arthur Ray Robinson, Louisiana prisoner #425796, seeks appointment of counsel in this appeal of a denial of his motion to appoint counsel in a habeas proceeding. Because we lack jurisdiction, we dismiss the appeal.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-30358 Document: 00516606355 Page: 2 Date Filed: 01/11/2023

No. 22-30358

We must examine our jurisdiction sua sponte. See Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). There has been no final judgment. The order denying appointment of counsel is not specified in 28 U.S.C. § 1292(a) and has not been certified for appeal. Therefore, we may consider it only if it falls within that “small class of orders” deemed final under the collateral order doctrine. See Dardar v. Lafourche Realty Co., 849 F.2d 955, 957-58 (5th Cir. 1988). It does not. See Thomas v. Scott, 47 F.3d 713, 715 (5th Cir. 1995). Thus, we lack jurisdiction over the appeal. Accordingly, the appeal is DISMISSED, and the motion for appointment of counsel is DENIED as moot.