Gordon v. Cain

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30612
Summary Calendar
CURTIS GORDON,
Petitioner-Appellant,
versus
BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 03-CV-1120-T
--------------------
Before GARWOOD, JOLLY, and JONES, Circuit Judges.
PER CURIAM:*
Curtis Gordon, Louisiana prisoner # 80114, was convicted by
a jury of second degree murder in 1975 and was sentenced to life
imprisonment. Gordon 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. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.
1987). An order transferring a successive 28 U.S.C. § 2254

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No. 03-30612
-2-
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 Gordon’s appeal. Accordingly, Gordon’s motion for a
COA is DENIED, and the appeal is DISMISSED for lack of
jurisdiction.
MOTION DENIED; APPEAL DISMISSED.

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