Opinion
No. 08-5106.
Filed On: September 12, 2008.
BEFORE: Sentelle, Chief Judge, and Rogers and Garland, Circuit Judges.
ORDER
Upon consideration of this court's May 8, 2008 order to show cause, and the response thereto, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED, on the court's own motion, that this case be dismissed for lack of jurisdiction. The district court's order filed April 1, 2008, denying appellant's motion for appointment of counsel, is not a final appealable order under 28 U.S.C. § 1291. See United States v. Yousef, 395 F.3d 76, 78 (2d Cir. 2005) (denying post-judgment motion for attorney's fees in appeal from order denying counsel in a habeas case, because order "was neither a final judgment appealable under 28 U.S.C. § 1291 nor an interlocutory order appealable under the collateral order doctrine"); Thomas v. Scott, 47 F.3d 713, 715 (5th Cir. 1995) (order denying request for appointment of counsel in § 2254 proceeding not appealable under collateral order doctrine); Crowell v. Walsh, No. 99-7170, 1999 WL 1007470 (D.C. Cir. Oct. 12, 1999) (order denying counsel in habeas proceeding not final decision appealable under § 1291). Cf. Ficken v. Alvarez, 146 F.3d 978 (D.C. Cir. 1998) (order denying motion for appointment of counsel in Title VII case not a final appealable order).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.