Legal Opinion

Javier Pena-Calleja v. Melissa Ring

Court of Appeals for the Eighth Circuit

Decided July 26, 2013No. 12-3487PublishedCited by 3 opinions

1Per curiam

Javier Pena-Calleja appeals the district court’s denial of his motion to appoint counsel to represent him in his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court’s order denying appointment of counsel was not a final order, nor was it appealable under the collateral order doctrine. Therefore, we dismiss Pena-Calleja’s appeal for lack of jurisdiction.

The district court’s order denying appointment of counsel did not offer a ruling on the merits of Pena-Calleja’s petition. Thus, it was not a final order, and we generally lack jurisdiction over appeals of non-final…

2Cases cited9 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Vernon C. Weygandt v. Donald Look, Superintendent, and the Attorney General for the State of WashingtonCourt of Appeals for the Ninth Circuit · 1983
  3. Flanagan v. United StatesSupreme Court of the United States · 1984
  4. Michael McCall v. Dennis Benson, WardenCourt of Appeals for the Eighth Circuit · 1997
  5. Danny Morris v. Dave DormireCourt of Appeals for the Eighth Circuit · 2000

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3Cited by3 opinions

  1. Davis v. RardinDistrict Court, D. Minnesota · 2023
  2. Roemen v. United States of AmericaDistrict Court, D. South Dakota · 2023
  3. Sharkey v. WilliamsDistrict Court, D. Nevada · 2022

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