Ulmer v. LeBlanc

* 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that this opinion should not be published and is not precedent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. 03-30489
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

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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.

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