Ulmer v. LeBlanc , 77 F. App'x 740 ( 2003 )


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  •                                                          United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                 October 10, 2003
    Charles R. Fulbruge III
    Clerk
    No. 03-30489
    Summary Calendar
    DWIGHT ULMER,
    Petitioner-Appellant,
    versus
    JAMES LEBLANC,
    Respondent-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 03-CV-812-B
    --------------------
    Before GARWOOD, JOLLY, and JONES, Circuit Judges.
    PER CURIAM:*
    Dwight Ulmer, Louisiana prisoner # 392050, was convicted of
    possession of marijuana with intent to distribute and was
    sentenced to 15 years of imprisonment.    Ulmer seeks a certificate
    of appealability (“COA”) to appeal the district court’s order
    transferring his successive 
    28 U.S.C. § 2254
     application to this
    court.
    We must examine the basis of our jurisdiction sua sponte if
    necessary.     Hill v. City of Seven Points, 
    230 F.3d 167
    , 169 (5th
    *
    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    that this opinion should not be published and is not precedent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.
    No. 03-30489
    -2-
    Cir. 2000).   An order transferring a successive 
    28 U.S.C. § 2254
    application to the court of appeals is a non-appealable
    interlocutory order.     See Brinar v. Williamson, 
    245 F.3d 515
    ,
    516-18 (5th Cir. 2001).    This court is without jurisdiction to
    consider Ulmer’s case.     See 
    id.
       Accordingly, the appeal is
    DISMISSED for lack of jurisdiction.     Ulmer’s motion for a COA is
    DENIED.
    APPEAL DISMISSED; MOTION DENIED.
    

Document Info

Docket Number: 03-30489

Citation Numbers: 77 F. App'x 740

Judges: Garwood, Jolly, Jones, Per Curiam

Filed Date: 10/10/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023