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TRACY v. LUMPKIN

No. 21-40686.

43 F.4th 473 (2022)

Billy TRACY, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 5, 2022.

Attorney(s) appearing for the Case

Andrew James Soukup , Covington & Burling, L.L.P., Washington, DC, Celin Carlo-Gonzalez , Covington & Burling, L.L.P., San Francisco, CA, Ryan Roberts , Covington & Burling, L.L.P., Palo Alto, CA, for Petitioner-Appellant.

Billy Tracy, Livingston, TX, Pro Se.

Travis Golden Bragg , Assistant Attorney General, Office of the Attorney General Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Clement, Graves, and Costa, Circuit Judges.

Primarily at issue is whether our court has jurisdiction under the collateral-order doctrine over an appeal challenging the denial of a pro se motion to substitute federal habeas counsel. We do not. This case is therefore DISMISSED.

I. FACTUAL HISTORY

Billy Joel Tracy was convicted of...

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