Joseph Daniels v. Brad Huffman, Warden, No. 19-60841 (5th Cir. 2020)
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Case: 19-60841 Document: 00515586512 Page: 1 Date Filed: 10/01/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 1, 2020 No. 19-60841 Lyle W. Cayce Clerk Joseph Daniels, Petitioner—Appellant, versus Brad Huffman, Warden, Chickasaw County Regional Correctional Facility, Respondent—Appellee. Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:19-CV-413 Before Willett, Ho, and Duncan, Circuit Judges. Per Curiam:* Joseph Daniels, Mississippi prisoner # 81564, was convicted in 1996 of possession with the intent to distribute cocaine and sentenced to 30 years imprisonment. Daniels seeks a certificate of appealability (COA) on what he describes as the district court’s denial of his 28 U.S.C. § 2254 habeas * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60841 Document: 00515586512 Page: 2 Date Filed: 10/01/2020 No. 19-60841 application. Daniels also asks for leave to proceed in forma pauperis (IFP) on appeal. We lack jurisdiction because the order Daniels seeks to appeal actually was a denial by this court of authorization to file a successive § 2254 application and, thus, there is no live case or controversy for us to consider. See United States Parole Comm’n v. Geraghty, 445 U.S. 388, 395-96 (1980). Daniels’s appeal is DISMISSED for lack of jurisdiction. His motions for a COA and for leave to proceed IFP on appeal are likewise DENIED. 2
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