99-2279 -- Watson v. Dorsey -- 01/10/2000

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

CURTIS LEE WATSON,

Petitioner - Appellant,

vs.

DONALD DORSEY, Warden, Torrance County Detention Facility; ATTORNEY GENERAL STATE OF NEW MEXICO; UNITED STATES OF AMERICA,

Respondents - Appellees.

No. 99-2279

(D.C. No. CIV-99-904-JC/LCS)

(D.N.M.)

ORDER AND JUDGMENT^(*)

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.^(**)

Mr. Watson, an inmate appearing pro se, seeks to appeal from an order of the district court transferring his habeas petition, 28 U.S.C. § 2241, to the United States District Court for the District of Columbia. A transfer order is interlocutory and not immediately appealable. See Equifax Servs., Inc. v. Hitz, 905 F.2d 1355, 1362 (10th Cir. 1990). See also Van Orman v. Purkett, 43 F.3d 1201 (8th Cir. 1994); Dobard v. Johnson, 749 F.2d 1503 (11th Cir. 1985).

We deny a certificate of appealability and DISMISS the appeal for lack of jurisdiction.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge

FOOTNOTES
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^*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

^**. After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1 (G). The cause is therefore ordered submitted without oral argument.

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