Mitchell v. Denton Cty, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40459
Summary Calendar

DUSTIN MITCHELL,

Plaintiff-Appellant

v.

DENTON COUNTY; FNU INMAN, Sergeant, Denton County; TRACY
MURPHREE; FNU CORDELL, Sergeant,

Defendants-Appellees

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:18-CV-399

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

Dustin Mitchell, Texas prisoner # 2221593, appeals the district court’s
order overruling his objections to the magistrate judge’s rulings denying his
motion for leave to file a third amended complaint, denying his motion to
appoint counsel, and striking his third amended complaint from the record in
his civil rights action under 42 U.S.C. § 1983. The interlocutory order at issue

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
March 27, 2020

Lyle W. Cayce
Clerk
Case: 19-40459 Document: 00515362075 Page: 1 Date Filed: 03/27/2020

No. 19-40459
2
is not an appealable order. See Williams v. Catoe, 946 F.3d 278, 279- 81 (5th
Cir. 2020) (en banc); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th
Cir. 1993). Accordingly, we lack jurisdiction to entertain this appeal.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
Case: 19-40459 Document: 00515362075 Page: 2 Date Filed: 03/27/2020