Brodin v. Fleming, 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that this opinion should not be published and is not precedent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
June 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10075
Conference Calendar
JOSEPH DAVID BRODIN,
Petitioner-Appellant,
versus
L. E. FLEMING, Warden, Federal Medical Center
Fort Worth, TX; UNITED STATES OF AMERICA,
Respondents-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-1024-A
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Joseph David Brodin, federal prisoner # 09360-023, appeals
the denial of his motion to disqualify the district judge under
28 U.S.C. § 455. The denial of a motion to disqualify is not an
appealable order. Nobby Lobby, Inc. v. City of Dallas, 970 F.2d
82, 85-86 & n.3 (5th Cir. 1992). Because the court is without
jurisdiction to entertain the appeal, it is DISMISSED. See
Kershaw v. Shalala, 9 F.3d 11, 13-15 (5th Cir. 1993).

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