HOLT v. FORD

No. 86-8837.

862 F.2d 850 (1989)

Robert HOLT, Plaintiff-Appellant, v. J. Paul FORD, Warden, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 4, 1989.


Attorney(s) appearing for the Case

William F. Amideo, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.


KRAVITCH, Circuit Judge:

We have convened in banc to consider whether an order denying a motion for appointed counsel in an in forma pauperis action brought pursuant to 42 U.S.C. § 1983 is immediately appealable under 28 U.S.C. § 1291. We hold that it is not.

I.

Section 1291 provides for appellate review of "final decisions" of the district courts. As a general rule, a district court's decision is final and appealable under this section...

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