Pena-Calleja v. Ring, No. 12-3487 (8th Cir. 2013)
Annotate this CasePetitioner appealed the district court's denial of his motion to appoint counsel to represent him in his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court joined its sister circuits and held that an order denying appointment of counsel in a habeas proceeding was not immediately appealable. Accordingly, the court dismissed the appeal for lack of jurisdiction because the district court's order was not a final order and it was not appealable under the collateral order doctrine.
Court Description: prisoner case - habeas. Denial of petitioner's motion for appointment of counsel in this Section 2254 proceeding was not a final order, nor was it appealable under the collateral order doctrine, and the appeal must be dismissed for lack of jurisdiction.
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