Gordon vs. Cain, (5th Cir. 2003)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. United States Court of Appeals Fifth Circuit FILED October 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-30612 Summary Calendar CURTIS GORDON, Petitioner-Appellant, versus BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 03-CV-1120-T Before GARWOOD, JOLLY, and JONES, Circuit Judges.

PER CURIAM: * Curtis Gordon, Louisiana prisoner # 80114, was convicted by a jury of second degree murder in 1975 and was sentenced to life imprisonment. Gordon seeks a certificate of appealability (COA) to appeal the district court§ 2254 application to this court.

We must examine the basis of our jurisdiction sua sponte if necessary. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987) . An order transferring a successive 28 U.S.C. § 2254 application to the court of appeals is a non-appealable interlocutory order. See Brinar v. Williamson , 245 F.3d 515, 516-18 (5th Cir. 2001). This court is without jurisdiction to consider GordonÂ’s appeal. Accordingly, GordonÂ’s motion for a COA is DENIED, and the appeal is DISMISSED for lack of jurisdiction.

MOTION DENIED; APPEAL DISMISSED.

No. 03-30612

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