United States v. Ajegbo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30485
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELIX AJEGBO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 94-CR-240“R”
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Felix Ajegbo, federal prisoner #87435-012, appeals from the
district court order transferring the case to the District of
Nevada under 28 U.S.C. § 3202(d). Federal appellate courts have
jurisdiction over appeals only from (1) final orders, 28 U.S.C.
§ 1291; (2) orders that are deemed final due to jurisprudential
exception or that have been properly certified as final pursuant
to Fed. R. Civ. P. 54(b); and (3) interlocutory orders that fall
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-30485
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into specific classes, 28 U.S.C. § 1292(a), or that have been
properly certified for appeal by the district court, 28 U.S.C.
§ 1292(b). An order transferring a civil action is interlocutory
in nature and is not appealable prior to the entry of a final
judgment. Stelly v. Employers Nat'l Ins. Co., 431 F.2d 1251,
1253 (5th Cir. 1970), cert. denied, 401 U.S. 908 (1971). We can
discern no basis upon which any of the district court's orders
can be reviewed prior to the entry of a final judgment. The
appeal is DISMISSED. All outstanding motions are DENIED.
We previously warned Ajegbo that further prosecution of
frivolous appeals could result in sanctions against him. See In
re Ajegbo, No. 96-00041 (5th Cir. May 1, 1996). Accordingly,
Ajegbo is BARRED from filing any pro se, in forma pauperis, civil
appeal in this court without the prior written approval of a
judge of this court in active service. Further, he is BARRED
from filing any pro se, in forma pauperis, initial civil pleading
in any court which is subject to this court’s jurisdiction,
without the advance written permission of a judge of the forum
court. The clerk of this court and the clerks of all federal
district courts subject to the jurisdiction of this court are
directed to return to Ajegbo, unfiled, any attempted submission
inconsistent with this bar.
APPEAL DISMISSED; MOTIONS DENIED; SANCTIONS IMPOSED.