U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Clifton Howard, III

United States v. Clifton Howard, III
U.S. Court of Appeals for the Ninth Circuit · Decided January 8, 2010 · Goodwin, Wallace, Fisher
361 F. App'x 837

United States v. Clifton Howard, III

Opinion

MEMORANDUM **

Clifton Elias Howard, III appeals from the district court’s denial of his request for investigatory and expert services under 18 U.S.C. § 3006A(e)(l). We dismiss because the district court’s denial without prejudice was not a final, appealable order and the issue is now moot.

At the time of the request at issue, Howard had not filed a timely 28 U.S.C. § 2255 motion raising any claims for relief. The district court denied the request on the ground that it was unable to make a finding that the requested services were necessary, as required by statute. The denial was without prejudice, and a review of the district court’s docket in case number CR-04-05234 discloses that Howard has subsequently filed a § 2255 motion collaterally attacking his conviction, along with a new request for expert and investigatory services.

The district court’s denial without prejudice of Howard’s request under section § 3006A was not a final order conferring appellate jurisdiction upon this court. See 28 U.S.C. § 1291. Further, Howard’s subsequent request renders this appeal moot.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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