Leflore v. United States of America (INMATE 3)

Filing 44

ORDER motion for Leave to File an Interlocutory Appeal, as further set out in order. Signed by Honorable Judge Abdul K. Kallon on 2/8/19. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TONY JAMES LEFLORE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 2:17cv393-AKK
(WO)

ORDER
Before the court (Doc. # 43) is Petitioner Tony James Leflore’s pro se motion for leave to
file an interlocutory appeal from the Magistrate Judge’s January 14, 2019 denial (Doc. # 41) of
Petitioner’s “Motion to Correct Clear Error or Prevent a Manifest Injustice” (Doc. # 40), in which
Petitioner maintained this court erred by failing to construe his “Motion to Compel” (Doc. # 36)
and “Motion to Rehear” (Doc. # 38) as motions for partial summary judgment in this § 2255 action.
The challenged order (Doc. # 41) involves no controlling issue of law on which there is substantial
ground for difference of opinion, and an immediate appeal would not materially advance the
ultimate termination of the litigation. See 28 U.S.C. § 1292(b).
Accordingly, it is ORDERED that the motion for leave to file an interlocutory appeal (Doc.
# 43) is DENIED.
DONE this 8th day of February, 2019.

/s/ Abdul K. Kallon
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE