*1 Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: ^[*]

Samson M. Loynachan, Texas prisoner #1789266, who stands convicted of murder, seeks a certificate of appealability (COA) to appeal the district court’s order denying his motion to stay his 28 U.S.C. § 2254 proceeding so that he could exhaust his state court remedies. He contends that the district court *2 Case: 15-11020 Document: 00513868939 Page: 2 Date Filed: 02/09/2017

No. 15-11020

abused its discretion in denying his motion, arguing that he did not engage in dilatory tactics in the state courts.

Loynachan’s motion for a COA is DENIED AS UNNECESSARY as no COA is required to review the district court’s ruling on this non-merits issue. See Young v. Stephens , 795 F.3d 484, 494 (5th Cir. 2015), cert. denied , 136 S. Ct. 1453 (2016). His appeal is DISMISSED for lack of jurisdiction, however, because the district court’s order is not immediately appealable as it is neither a final order nor an appealable collateral order. See Grace v. Vannoy , 826 F.3d 813, 815-21 (5th Cir. 2016); 28 U.S.C. §§ 1291, 1292; see also Mohawk Indus., Inc. v. Carpenter , 558 U.S. 100, 106 (2009); Young , 795 F.3d at 494-95.

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[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.