United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 22, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-40371 Conference Calendar

EUGENE SHANNON ABNER, Plaintiff, versus ROBERT HAZELWOOD, Etc.; ET AL., Defendants,

ROBERT HAZELWOOD, Sergeant, Beto I, Defendant-Appellee, versus WILLIAM PENA, Movant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:01-CV-560 -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* William Pena appeals the district court’s interlocutory order denying his motion to intervene in the 42 U.S.C. § 1983 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 02-40371 -2- suit filed by fellow inmate Eugene Shannon Abner. In his motion, Pena sought leave to act as counsel on behalf of Abner pursuant to a guardianship agreement and a power of attorney executed by Abner.

The district court construed Pena’s motion as a motion to intervene; however, Pena was not seeking to become a party to the suit. See FED. R. CIV. P. 24. Instead, Pena’s motion is more closely analogous to a motion to enroll as counsel. Pena has not demonstrated that an order denying such a motion is an appealable interlocutory order. See Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enter., Inc., 170 F.3d 536, 538 (5th Cir. 1999).

Accordingly, this court lacks jurisdiction to entertain his appeal.

APPEAL DISMISSED FOR LACK OF JURISDICTION.