United States v. Peter Ayika , 459 F. App'x 468 ( 2012 )


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  •      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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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
    

Document Info

Docket Number: 10-50877

Citation Numbers: 459 F. App'x 468

Judges: Clement, Garza, Per Curiam, Wiener

Filed Date: 2/6/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023