Green v. Lampert

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 97-10273 Conference Calendar __________________ ELBERT SILAS GREEN, Plaintiff, SAMUEL H. LESLIE, Intervenor-Plaintiff, versus R. O. LAMPERT, Senior Warden, et al., Defendants, JERRY LISBY, Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:97-CV-12C - - - - - - - - - - December 10, 1997 Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Jerry Lisby, a Texas prisoner (# 766897), appeals from the denial of his motion to intervene in the captioned action. Lisby was not entitled to intervene “of right” in this action because * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-10273 -2- he has not shown that his absence from the action would “impair or impede” his ability to protect his interests. FED. R. CIV. P. 24(a). Inasmuch as Lisby sought “permissive” intervention under Rule 24(b), the district court did not abuse its discretion by denying Lisby's motion. Kneeland v. National Collegiate Athletic Ass'n, 806 F.2d 1285, 1289, (5th Cir. 1987). Accordingly, this court lacks jurisdiction over Lisby's appeal, and the appeal is DISMISSED. Edwards v. City of Houston, 78 F.3d 983, 992 (5th Cir. 1996). APPEAL DISMISSED.