Carpenter

MEMORANDUM *

David J. Carpenter seeks to appeal a protective order issued by the district court regarding the use of his current competency evaluation. The district court’s order forbids the evaluation to be used in any other proceedings, but allows the evaluation to be used to litigate the merits of Carpenter’s two habeas petitions now before the district court. Carpenter claims that he can appeal the protective order under the collateral order doctrine, or in the alternative, requests that we treat his appeal as a petition for a writ of mandamus. We hold that the protective order is not immediately appealable under the collateral order doctrine and dismiss his appeal for lack of jurisdiction. We also deny his alternative request for mandamus relief.

We determine our subject matter jurisdiction de novo. See Nat’l Ass’n of Agric. Employees v. Fed. Labor Relations Auth., 473 F.3d 983, 986 (9th Cir.2007). In order to be appealable under the collateral order doctrine of 28 U.S.C. § 1291 , an interlocutory order “must satisfy three requirements: (1) it must be ‘conclusive’; (2) it must ‘resolve an important question separate from the merits’; and (3) it must be ‘effectively…