Daniels v. Huffman

United States Court of Appeals
for the Fifth Circuit

No. 19-60841

Joseph Daniels,

Petitioner—Appellant,

versus

Brad Huffman, Warden, Chickasaw County Regional
Correctional Facility,

Respondent—Appellee.

Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:19-CV-413

Before Willett, Ho, and Duncan, Circuit Judges.
Per Curiam:*
Joseph Daniels, Mississippi prisoner # 81564, was convicted in 1996
of possession with the intent to distribute cocaine and sentenced to 30 years
imprisonment. Daniels seeks a certificate of appealability (COA) on what he
describes as the district court’s denial of his 28 U.S.C. § 2254 habeas

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
October 1, 2020

Lyle W. Cayce
Clerk
Case: 19-60841 Document: 00515586512 Page: 1 Date Filed: 10/01/2020

No. 19-60841
2
application. Daniels also asks for leave to proceed in forma pauperis (IFP) on
appeal.
We lack jurisdiction because the order Daniels seeks to appeal actually
was a denial by this court of authorization to file a successive § 2254
application and, thus, there is no live case or controversy for us to consider.
See United States Parole Comm’n v. Geraghty, 445 U.S. 388, 395-96 (1980).
Daniels’s appeal is DISMISSED for lack of jurisdiction. His
motions for a COA and for leave to proceed IFP on appeal are likewise
DENIED.
Case: 19-60841 Document: 00515586512 Page: 2 Date Filed: 10/01/2020