Samson Loynachan v. Lorie Davis, Director
Samson Loynachan v. Lorie Davis, Director
Opinion
Samson M. Loynachan, Texas prisoner #1789266, who stands convicted of murder, seeks a certificate of appealability (COA) to appeal the district court’s order denying his motion to stay his 28 U.S.C. § 2254 proceeding so that he could exhaust his state court remedies. He contends that the district court abused its discretion in denying his motion, arguing *331 that he did not engage in dilatory tactics in the state courts.
Loynachan’s motion for a COA is DENIED AS UNNECESSARY as no COA is required to review the district court’s ruling .on this non-merits issue. See Young v. Stephens, 795 F.3d 484, 494 (5th Cir. 2015), cert. denied, — U.S. —, 136 S.Ct. 1453, 194 L.Ed.2d 557 (2016). His appeal is DISMISSED for lack of jurisdiction, however, because the district court’s order is not immediately appealable as it is neither a final order nor an appealable collateral order. See Grace v. Vannoy, 826 F.3d 813, 815-21 (5th Cir. 2016); 28 U.S.C. §§ 1291, 1292; see also Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 106, 130 S.Ct. 599, 175 L.Ed.2d 458 (2009); Young, 795 F.3d at 494-95.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *331 the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.