Sharp v. United States Army, et al

* 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that this opinion should not be published and is not precedent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
April 7, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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.

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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.

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