EDWARDS v. CAIN (2021)

Jonathan Edwards, Mississippi prisoner # 44510, moves for a certificate of appealability (COA) to appeal the district court's decision to grant him voluntary dismissal of his 28 U.S.C. § 2254 case, in which he sought to challenge his 2017 conviction and sentence for burglary of a dwelling in case number K15-219H. He also moves for leave to proceed in forma pauperis (IFP). In seeking a COA, Edwards argues only the merits of his § 2254 claims, without raising any error regarding the voluntary dismissal of the case pursuant to Federal Rule of Civil Procedure 41(a).

“[W]e must consider the basis of our own jurisdiction, sua sponte if necessary.” Perez v. Stephens, 784 F.3d 276, 280 (5th Cir. 2015). The district court's decision to grant Edwards voluntary dismissal without prejudice and without any conditions is not a final appealable decision. See Williams v. Seidenbach, 958 F.3d 341, 343, 349 (5th Cir. 2020) (en banc); Mortg. Guar. Ins. Corp. v. Richard Carlyon Co., 904 F.2d 298, 300 (5th Cir. 1990). Accordingly, we lack jurisdiction over the appeal.

The appeal is DISMISSED for lack of jurisdiction, and Edwards's motions for a COA and leave to proceed IFP are DENIED as moot.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.