Marcus Johnson v. Gage Guinn

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-40086
Summary Calendar

MARCUS DEON JOHNSON,

Plaintiff-Appellant

v.

GAGE L. GUINN,

Defendant-Appellee

Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 6:16-CV-1169

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

Marcus Deon Johnson, Texas prisoner # 1719334, appeals the district
court’s order granting counsel’s motion to withdraw and denying Johnson’s
motion to appoint substitute counsel in his civil rights action under 42 U.S.C.
§ 1983. “This [c]ourt must examine the basis of its jurisdiction, on its own
motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). The
denial of a motion for appointment of counsel in a § 1983 case is not

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
June 25, 2020

Lyle W. Cayce
Clerk
Case: 18-40086 Document: 00515465818 Page: 1 Date Filed: 06/25/2020

No. 18-40086
2
immediately appealable under the collateral order doctrine. Williams v. Catoe,
946 F.3d 278, 279 (5th Cir. 2020) (en banc) (overruling Robbins v. Maggio, 750
F.2d 405 (5th Cir. 1985)).
Accordingly, the appeal is DISMISSED for lack of jurisdiction.
Case: 18-40086 Document: 00515465818 Page: 2 Date Filed: 06/25/2020