Unpublished Dispositionjohn J. Peluso, Petitioner-appellant, v. United States of America, Respondent-appellee, 871 F.2d 1088 (6th Cir. 1989)

ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

Review of the papers before the court indicates that appellant was found guilty of perjury and extortion and was sentenced to a term of ten years imprisonment. He subsequently challenged the validity of those convictions by filing a motion to vacate sentence pursuant to 28 U.S.C. § 2255 in the District Court for the Eastern District of Kentucky. In connection with his request for that relief, appellant also filed a motion for the appointment of counsel which the district court denied in an order of January 31, 1989. Appellant then filed this appeal.

This panel concludes that the appeal must be dismissed for lack of jurisdiction. Specifically, an order denying a motion for the appointment of counsel is not final and therefore can not be appealed pursuant to 28 U.S.C. § 1291. Miller v. Simmons, 814 F.2d 962, 965 (4th Cir.), cert. denied, --- U.S. ----, 108 S. Ct. 246 (1987); Henry v. City of Detroit Manpower Dep't, 763 F.2d 757, 763 (6th Cir.) (en banc), cert. denied, 474 U.S. 1036 (1985).

Accordingly, it is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.