5th Cir.

United States v. Hill

March 9, 2026 ·25-20438 ·Per Curiam · By James Taylor

The Fifth Circuit dismissed an appeal challenging a district court's denial of a discovery order in a federal habeas proceeding. The court held that discovery orders are generally not appealable, leaving it without jurisdiction to review the ruling.

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Background

Marc Anthony Hill, a federal prisoner, sought to appeal the denial of a motion requesting the unsealing of transcripts and wiretap evidence in his pending Section twenty-two hundred fifty-five proceeding. He also moved for leave to proceed in forma pauperis, challenging the district court’s implicit determination that his appeal was not taken in good faith.

The court’s reasoning

The court reiterated that its jurisdiction is limited to final orders, qualified interlocutory orders, and collateral orders. Citing precedent, the court noted that discovery orders are generally not appealable. Because Hill sought to appeal the denial of a discovery order, the court found it lacked jurisdiction to review that ruling.

What it means going forward

Federal prisoners cannot appeal denials of discovery orders in Section twenty-two hundred fifty-five proceedings, as such orders are not considered appealable final orders.

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