Marcus Johnson v. Gage Guinn ( 2020 )

Case: 18-40086 Document: 00515465818 Page: 1 Date Filed: 06/25/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-40086 June 25, 2020
Summary Calendar
Lyle W. Cayce
Clerk
MARCUS DEON JOHNSON,
Plaintiff-Appellant
v.
GAGE L. GUINN,
Defendant-Appellee
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 6:16-CV-1169
Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Marcus Deon Johnson, Texas prisoner # 1719334, appeals the district
court’s order granting counsel’s motion to withdraw and denying Johnson’s
motion to appoint substitute counsel in his civil rights action under 42 U.S.C.
§ 1983. “This [c]ourt must examine the basis of its jurisdiction, on its own
motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The
denial of a motion for appointment of counsel in a § 1983 case 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-40086 Document: 00515465818 Page: 2 Date Filed: 06/25/2020
No. 18-40086
immediately appealable under the collateral order doctrine. Williams v. Catoe,
946 F.3d 278, 279 (5th Cir. 2020) (en banc) (overruling Robbins v. Maggio, 750
F.2d 405 (5th Cir. 1985)).
Accordingly, the appeal is DISMISSED for lack of jurisdiction.
2