Sharpe v. Unites States Army , 91 F. App'x 973 ( 2004 )


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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                   April 7, 2004
    Charles R. Fulbruge III
    Clerk
    No. 03-41196
    Summary Calendar
    ERIC A. SHARPE,
    Petitioner-Appellant,
    versus
    UNITED STATES ARMY; STEVE LANGFORD,
    Respondents-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 1:02-CV-344
    --------------------
    Before JOLLY, JONES, and BARKSDALE, Circuit Judges.
    PER CURIAM:*
    Eric Sharpe is serving a 20-year sentence following a
    court-martial conviction for drug trafficking.    He filed a
    habeas petition under 
    28 U.S.C. § 2241
     seeking to overturn his
    conviction and to recover compensatory damages including back-pay
    and allowances.   The district court transferred the action to the
    Court of Federal Claims.    Sharpe seeks to appeal the transfer
    order.
    *
    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    that this opinion should not be published and is not precedent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. 03-41196
    -2-
    The transfer order is not an appealable final judgment under
    
    28 U.S.C. § 1291
    , nor a certified appealable interlocutory order
    under 28 U.S.C. 1292.   See Persyn v. United States, 
    935 F.2d 69
    ,
    72 (5th Cir. 1991).   Neither is it appealable under the
    collateral order doctrine.    See Brinar v. Williamson, 
    245 F.3d 515
    , 516-18 (5th Cir. 2001); Stelly v. Employers Nat’l Ins. Co.,
    
    431 F.2d 1251
    , 1253 (5th Cir. 1970).    We therefore lack appellate
    jurisdiction, and the appeal is DISMISSED.
    DISMISSED.
    

Document Info

Docket Number: 03-41196

Citation Numbers: 91 F. App'x 973

Judges: Barksdale, Jolly, Jones, Per Curiam

Filed Date: 4/7/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023