Freddie Lewis v. Bossier Parish, et al
Filing
UNPUBLISHED OPINION FILED. [10-30309 Dismissed for Lack of Jurisdiction.] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 10/14/2010 [10-30309]
Freddie Lewis v. Bossier Parish, et al
Doc. 0
Case: 10-30309
Document: 00511242704
Page: 1
Date Filed: 09/23/2010
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-30309 S u m m a r y Calendar September 23, 2010 Lyle W. Cayce Clerk
F R E D D I E R. LEWIS, P la in t if f -A p p e lla n t , versu s S H E R I F F 'S DEPARTMENT BOSSIER PARISH; BOSSIER PARISH; G E O R G E HENDERSON; MARK TOLOSO; WARDEN WEAVER; A S S I S T A N T WARDEN LEE; ASSISTANT WARDEN STOKES; SERGEANT SHELTON; DEPUTY GRIFFIN; DEPUTY ORR; DEPUTY HAWN; STEVE BROADENSKY, Bossier Sheriff Department Medical Staff; DAVID, Bossier Sheriff's Department Medical Staff; SHERIFF LARRY DEAN, Bossier Parish Sheriff; DEPUTY HALL; DENTIST HAVERTON, Louisiana State University Dentist; JONES; DEPUTY MARTIN; DEPUTY J. MARTIN; SERGEANT PARISH; S E R G E A N T PIERCE; PORTER; DEPUTY PRATHER; DOCTOR ROBERT RUSSELL, Louisiana State University Doctor; T H O R N H IL L , Bossier Sheriff Department Medical Staff; SERGEANT WADSWORTH, D e fe n d a n t s -A p p e lle e s
A p p e a l from the United States District Court fo r the Western District of Louisiana U S D C No. 5:07-CV-394
Dockets.Justia.com
Case: 10-30309
Document: 00511242704 Page: 2 No. 10-30309
Date Filed: 09/23/2010
B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:*
F r e d d ie Lewis, Louisiana prisoner # 395306, filed a civil rights complaint a g a in s t various defendants, complaining of his arrest and of the conditions of his c o n fin e m e n t . The district court dismissed several claims against various defend a n ts with prejudice as frivolous and for failure to state a claim on which relief m a y be granted and dismissed any claim for monetary compensation (for an alle g e d ly unconstitutional conviction and sentence) as frivolous until such time as t h e conditions in Heck v. Humphrey, 512 U.S. 477 (1994), are met. The district c o u r t noted, and its docket sheet reflects, that claims remain pending against n u m e r o u s defendants. B e c a u s e the district court dismissed some but not all claims and defend a n ts , this court must examine whether it has jurisdiction. See Martin v. Hallib u r to n , No. 09-20441, 2010 WL 3467086, at *3 (5th Cir. Sept. 7, 2010). We h a v e jurisdiction over appeals from final decisions under 28 U.S.C. § 1291; cert a in interlocutory decisions under 28 U.S.C. § 1292; partial judgments certified a s final under Federal Rule of Civil Procedure 54(b), United States v. Powell, 468 F .3 d 862, 863 (5th Cir. 2006); and certain decisions under the collateral order d o c t r in e , Martin, 2010 WL 3467086, at *3-*4. Lewis's appeal does not fall into a n y of these categories, so we lack jurisdiction, and the appeal is DISMISSED.
Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.
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