IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-10273
Conference Calendar
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ELBERT SILAS GREEN,
Plaintiff,
SAMUEL H. LESLIE,
Intervenor-Plaintiff,
versus
R. O. LAMPERT, Senior Warden, et al.,
Defendants,
JERRY LISBY,
Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:97-CV-12C
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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that this opinion should not be published and is not precedent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.