Opinions of the United
1995 Decisions States Court of Appeals
for the Third Circuit
8-16-1995
In Re: Leon Moser
Precedential or Non-Precedential:
Docket 95-9005
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Recommended Citation
"In Re: Leon Moser" (1995). 1995 Decisions. Paper 226.
http://digitalcommons.law.villanova.edu/thirdcircuit_1995/226
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 95-9005
___________
In Re: Leon Moser
___________
Submitted Under Third Circuit LAR 34.1(a)
August 15, 1995
Before: MANSMANN, COWEN and NYGAARD, Circuit Judges.
(E.D.PA Civil 95-cv-05175)
___________
(Filed: August 16, l995)
OPINION OF THE COURT
__________
Per Curiam.
We have before us an appeal purporting to challenge the
August 16, 1995 order of the district court "granting `next
friend' status and a competency hearing and finding no deliberate
delay." Respondents' Memorandum of Appeal. The State does not
offer a basis for the exercise of our appellate jurisdiction to
hear this interlocutory matter nor does it ask us to exercise our
mandamus authority under the All Writs Act, 28 U.S.C. § 1651(a).
Unlike the appeal from the grant of a stay of execution
on which we had alternate grounds of jurisdiction, specifically
28 U.S.C. § 1292(a)(1) and mandamus jurisdiction under the All
Writs Act given the extraordinary circumstances of the grant of a
stay, we find that we do not have jurisdiction in the absence of
a certification by the district court pursuant to 28 U.S.C.
§1292(b). It is hereby ordered that the appeal is dismissed for
lack of jurisdiction.