In Re Leon Moser

U.S. Court of Appeals for the Third Circuit
In Re Leon Moser, 69 F.3d 695 (3d Cir. 1995)
1995 U.S. App. LEXIS 22562; 1995 WL 491204

In Re Leon Moser

Opinion

OPINION OF THE COURT

PER CURIAM.

We have before us an appeal purporting to challenge the August 16, 1995 order of the district court “granting ‘next Mend’ status and a competency hearing and finding no deliberate delay.” Respondents’ Memorandum of Appeal. The State does not offer a basis for the exercise of our appellate jurisdiction to hear this interlocutory matter nor does it ask us to exercise our mandamus authority under the All Writs Act, 28 U.S.C. § 1651(a).

Unlike the appeal from the grant of a stay of execution on which we had alternate grounds of jurisdiction, specifically 28 U.S.C. § 1292(a)(1) and mandamus jurisdiction under the All Writs Act given the extraordinary circumstances of the grant of a stay, we find that we do not have jurisdiction in the absence of a certification by the district court pursuant to 28 U.S.C. § 1292(b). It is hereby ordered that the appeal is dismissed for lack of jurisdiction.

Reference

Full Case Name
In Re Leon MOSER
Cited By
1 case
Status
Published