Oduu v. Guerrero

Case: 25-40617 Document: 23-1 Page: 1 Date Filed: 02/10/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 25-40617 February 10, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk Ndem Oduu, Petitioner—Appellant, versus Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent—Appellee. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:25-CV-250 ______________________________ Before Jones, Richman, and Ramirez, Circuit Judges.

Per Curiam:* Ndem Oduu, federal prisoner # 05855-095, has moved to dismiss his appeal without prejudice. The document from which he filed an appeal was a proposed order attached to the respondent’s answer to his 28 U.S.C. § 2241 petition. Because the document from which Oduu has appealed was not an order, and the district court has issued no other order or judgment—final or _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40617 Document: 23-1 Page: 2 Date Filed: 02/10/2026

No. 25-40617 otherwise—to which his appeal could apply, we lack jurisdiction to consider this appeal. See 28 U.S.C. § 1291; Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). Accordingly, we GRANT the motion and dismiss the appeal WITHOUT PREJUDICE.