Unpublished Dispositioncharlie Hyoun Tyler, Plaintiff-appellant, v. United States of America, Defendant-appellee, 785 F.2d 310 (6th Cir. 1986)

This matter is before the Court upon consideration of appellee's motion to dismiss and appellant's response thereto.

It appears from the record that appellant has appealed from the order denying appointment of counsel in this proceeding to vacate his judgment of conviction pursuant to 28 U.S.C. § 2255. An order denying a motion for appointment of counsel in a civil action is not a final decision pursuant to 28 U.S.C. § 1291 from which an appeal can be taken. Henry v. Detroit Manpower, 763 F.2d 757 (6th Cir.) (en banc), cert. denied, ---- U.S. ----, (December 16, 1985). Therefore, this Court is without jurisdiction to entertain the appeal.

It is ORDERED that the motion to dismiss be and hereby is granted, and the appeal dismissed.