United States v. Peter Ayika ( 2012 )

Case: 10-50877 Document: 00511748439 Page: 1 Date Filed: 02/06/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 6, 2012
No. 10-50877
Summary Calendar Lyle W. Cayce
Clerk
RANDY ORTEGA,
Appellee
v.
PETER VICTOR AYIKA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:09-CR-660-1
Before WIENER, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Peter Victor Ayika appeals the district court’s order
denying him a return of a portion of attorney’s fees he paid to his former counsel,
Randy Ortega. As we lack jurisdiction, we dismiss the appeal.
The ruling in this case is appealable only if it meets the requirements of
the collateral order doctrine. See Flanagan v. United States, 465 U.S. 259, 263-
64 (1984). We conclude that the order denying return of attorney’s fees is not
effectively unreviewable on appeal from a final judgment, and Ayika has made
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50877 Document: 00511748439 Page: 2 Date Filed: 02/06/2012
No. 10-50877
no showing to the contrary. See id. at 266-67; Shipes v. Trinity Indus., Inc., 883
F.2d 339, 344 (5th Cir. 1989). We do not reach Ortega’s alternative argument
that the appeal should be dismissed as untimely.
The appeal is DISMISSED for lack of jurisdiction.
2