Carpenter v. Ayers

MEMORANDUM *

David J. Carpenter seeks to appeal a protective order issued by the district court regarding the use of his current competency evaluation. The district court’s order forbids the evaluation to be used in any other proceedings, but allows the evaluation to be used to litigate the merits of Carpenter’s two habeas petitions now before the district court. Carpenter claims that he can appeal the protective order under the collateral order doctrine, or in the alternative, requests that we treat his appeal as a petition for a writ of mandamus. We hold that the protective order is not…