Robinson v. Goodwin

Case: 22-30358 Document: 00516606355 Page: 1 Date Filed: 01/11/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-30358
FILED
January 11, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
Arthur Ray Robinson,
Petitioner—Appellant,
versus
Jerry Goodwin, Warden, David Wade Correctional Center,
Respondent—Appellee.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:22-CV-941
______________________________
Before Stewart, Willett, and Douglas, Circuit Judges.
Per Curiam: *
Arthur Ray Robinson, Louisiana prisoner #425796, seeks
appointment of counsel in this appeal of a denial of his motion to appoint
counsel in a habeas proceeding. Because we lack jurisdiction, we dismiss the
appeal.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-30358 Document: 00516606355 Page: 2 Date Filed: 01/11/2023
No. 22-30358
We must examine our jurisdiction sua sponte. See Mosley v. Cozby, 813
F.2d 659, 660 (5th Cir. 1987). There has been no final judgment. The order
denying appointment of counsel is not specified in 28 U.S.C. § 1292(a) and
has not been certified for appeal. Therefore, we may consider it only if it falls
within that “small class of orders” deemed final under the collateral order
doctrine. See Dardar v. Lafourche Realty Co., 849 F.2d 955, 957-58 (5th Cir.
1988). It does not. See Thomas v. Scott, 47 F.3d 713, 715 (5th Cir. 1995). Thus,
we lack jurisdiction over the appeal. Accordingly, the appeal is
DISMISSED, and the motion for appointment of counsel is DENIED as
moot.
2