* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

UNITED STATES COURT OF APPEALS Filed 10/16/96 FOR THE TENTH CIRCUIT
In the Matter of: MOTOR HOME (1), a late model beige or tan motor home which was towing a blue CJ5 jeep. The motor home was recently bearing Texas license plate number 362TRG, registered to Wilma L. McQueen, Rt 4, Box 1225, Livingston, TX and identified by Vehicle ID No. 1G8KP37W553333241,

Defendant,

______________________________ UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. ALVY T. MCQUEEN,

Movant-Appellant. No. 95-1416 (D.C. No. 95-CR-353) (D. Colo.)

ORDER AND JUDGMENT *-2-

Before BRORBY, BARRETT, and EBEL, Circuit Judges.

After examining the briefs and appellate record, th is panel has determined unanimously to grant the parties’ request for a dec ision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. Th e case is therefore ordered submitted without oral argument. Movant Alvy T. McQueen appeals from an order of the United States District Court for the District of Colorado denying his motion for an order permitting him to appeal an order entered by the Un ited States District Court for the Southern District of Texas in a civil case pend ing there. In 1988, the Colorado district court issued a searc h warrant authorizing a search of Mr. McQueen’s motor home. Following entry of a guilty plea and his subsequent imprisonment in Texas, Mr. McQueen comme nced a civil action in Texas district court challenging the disclosure of certain documents seized pursuant to the search warrant. In 1994, Mr. McQue en moved in the Colorado district court to either unseal an affidavit and su pporting documents submitted to support the search warrant or to transfer those doc uments under seal to the Texas district court to permit it to determine whether th e materials should be released. In his motion, Mr. McQueen noted that “the federal district court in Houston, Texas will be uniquely situated to understand the c ritical facts bearing upon any-3-

continuing need for secrecy of the information invo lved here and make appropriate decisions as to whether the information should be released or considered in cameraby that Court in dispensing justice in that case.” Supplemental App. at 2. The Colorado district cour t granted the motion and sent copies of the requested materials under seal to the Texas district court which determined that the materials could be unsealed as redacted by the court. Mr. McQueen then asked the Texas district court to forward its order for entry in the case in Colorado so he could appeal th e Texas court’s order. When the Texas district court denied the motion, Mr. McQ ueen asked the Colorado district court for an order permitting him to appea l the Texas district court’s order. The Colorado district court denied the moti on and Mr. McQueen now appeals that order. As we must, we first review whether we have jurisdi ction over this appeal. See Lopez v. Behles (In re American Ready Mix, Inc.) , 14 F.3d 1497, 1499 (10th Cir.), cert. denied , 115 S. Ct. 77 (1994)(appellate court has an indep endent duty to examine its own jurisdiction, even where neitherparty contests it and both are prepared to concede it). We conclude that we do ha ve jurisdiction. The district court’s order was a final order. See 28 U.S.C. § 1291. Next, we consider whether the Colorado district cou rt properly denied Mr. McQueen’s motion. We conclude that it did. An app eal from a reviewable-4-

decision of a district court “shall be taken . . . to the court of appeals for the circuit embracing the district.” 28 U.S.C. § 1294( 1). Neither the federal District court for the district of Colorado nor this court h as jurisdiction to review the judgment of the federal District court for the Sout hern district of Texas. The judgment of the United States District Court fo r the District of Colorado is AFFIRMED.

Entered for the Court

James E. Barrett Senior Circuit Judge