United States v. Morgan ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31467
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAXON HARVEY MORGAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 93-CR-491-5-N
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July 24, 2002
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Maxon Harvey Morgan, federal prisoner # 239980-034, appeals
the denial of a motion for a transcript at government expense to
appeal the transfer of a petition for habeas corpus pursuant to
28 U.S.C. § 2241 to this court for authorization to file a
successive 28 U.S.C. § 2255 motion. See Brinar v. Williamson,
245 F.3d 515, 518 (5th Cir. 2001)(transfer order is a
nonappealable interlocutory order). A transcript 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that this opinion should not be published and is not precedent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.
No. 01-31467
-2-
necessary to determine such an appeal. This appeal is without
arguable merit and thus frivolous. Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). Accordingly, it is DISMISSED. See 5TH
CIR. R. 42.2.
APPEAL DISMISSED.