Vernon C. Weygandt v. Donald Look, Superintendent, and the Attorney General for the State of Washington

Weygandt appeals an interlocutory order denying his motion for appointment of counsel to represent him in the prosecution of his petition for a writ of habeas corpus. We dismiss for lack of jurisdiction.

Title 28 U.S.C. § 1291 vests the courts of appeals with appellate jurisdiction over “all final decisions of the district courts.” Generally, the statute is limited to decisions ending the litigation on the merits. See Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945). However, in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546 , 69 S.Ct. 1221, 1225 , 93 L.Ed. 1528 (1949), the Supreme Court recognized an exception for interlocutory orders falling within

Under Cohen , an interlocutory order is appealable if it (1) conclusively determines the disputed question; (2) resolves an important issue completely separate from the merits of the action; and (3) is effectively unreviewable on appeal from a final judgment. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 , 98 S.Ct. 2454, 2457 , 57 L.Ed.2d 351 (1978).

An interlocutory order denying appointment of counsel in a habeas corpus proceeding does not fall within the “narrow exception”…