Sharpe v. Unites States Army

91 F. App'x 973

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 7, 2004
• Docket: 03-41196
• Status: Unpublished

Opinion

PER CURIAM: *

Eric Sharpe is serving a 20-year sentence following a court-martial conviction for drug trafficking. He filed a habeas petition under 28 U.S.C. § 2241 seeking to overturn his conviction and to recover compensatory damages including back-pay and allowances. The district court transferred the action to the Court of Federal Claims. Sharpe seeks to appeal the transfer order.

The transfer order is notvan appealable final judgment under 28 U.S.C. § 1291, nor a certified appealable interlocutory order under 28 U.S.C. 1292. See Persyn v. United States, 935 F.2d 69, 72 (5th Cir.1991). Neither is it appealable under the collateral order doctrine. See Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir.2001); Stelly v. Employers Nat’l Ins. Co., 431 F.2d 1251, 1253 (5th Cir.1970). We therefore lack appellate jurisdiction, and the appeal is DISMISSED.

DISMISSED.

* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.