Rocky Hill v. Lorie Davis, Director

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 19, 2019
• Docket: 18-10967
• Status: Unpublished

Opinion

Case: 18-10967 Document: 00515002144 Page: 1 Date Filed: 06/19/2019

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

FILED No. 18-10967 June 19, 2019 Lyle W. Cayce ROCKY HILL, Clerk

Petitioner-Appellant

v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent-Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:18-CV-77

Before JONES, ELROD, and ENGELHARDT, Circuit Judges. PER CURIAM: * Rocky Hill, Texas prisoner # 1596897, appeals an interlocutory order by the district court in his 28 U.S.C. § 2254 case. The district court denied a motion for appointment of counsel and directed Hill to file any claims challenging the conditions of his confinement in a separate action under 42 U.S.C. § 1983. Hill’s motion for a certificate of appealability (COA) is DENIED because a COA is unnecessary. See 28 U.S.C. § 2253(c)(1)(A);

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10967 Document: 00515002144 Page: 2 Date Filed: 06/19/2019

No. 18-10967

Harbison v. Bell, 556 U.S. 180, 183 (2009). The appeal is DISMISSED because we lack jurisdiction to review the non-final order. See Grace v. Vannoy, 826 F.3d 813, 815-16 (5th Cir. 2016); Thomas v. Scott, 47 F.3d 713, 714-15 (5th Cir. 1995); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993).