United States v. Ajegbo

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-30485 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FELIX AJEGBO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 94-CR-240“R” - - - - - - - - - - December 10, 1996 Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Felix Ajegbo, federal prisoner #87435-012, appeals from the district court order transferring the case to the District of Nevada under 28 U.S.C. § 3202(d). Federal appellate courts have jurisdiction over appeals only from (1) final orders, 28 U.S.C. § 1291; (2) orders that are deemed final due to jurisprudential exception or that have been properly certified as final pursuant to Fed. R. Civ. P. 54(b); and (3) interlocutory orders that fall * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-30485 - 2 - into specific classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal by the district court, 28 U.S.C. § 1292(b). An order transferring a civil action is interlocutory in nature and is not appealable prior to the entry of a final judgment. Stelly v. Employers Nat'l Ins. Co., 431 F.2d 1251, 1253 (5th Cir. 1970), cert. denied, 401 U.S. 908 (1971). We can discern no basis upon which any of the district court's orders can be reviewed prior to the entry of a final judgment. The appeal is DISMISSED. All outstanding motions are DENIED. We previously warned Ajegbo that further prosecution of frivolous appeals could result in sanctions against him. See In re Ajegbo, No. 96-00041 (5th Cir. May 1, 1996). Accordingly, Ajegbo is BARRED from filing any pro se, in forma pauperis, civil appeal in this court without the prior written approval of a judge of this court in active service. Further, he is BARRED from filing any pro se, in forma pauperis, initial civil pleading in any court which is subject to this court’s jurisdiction, without the advance written permission of a judge of the forum court. The clerk of this court and the clerks of all federal district courts subject to the jurisdiction of this court are directed to return to Ajegbo, unfiled, any attempted submission inconsistent with this bar. APPEAL DISMISSED; MOTIONS DENIED; SANCTIONS IMPOSED.