Jason Walker v. Patti Hope

Filing

UNPUBLISHED OPINION FILED. [15-11219 Dismissed for Lack of Jurisdiction] Judge: CES , Judge: EGJ , Judge: EHJ [15-11219]

Case: 15-11219

Document: 00513975394

Page: 1

Date Filed: 05/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 15-11219
Summary Calendar

FILED
May 2, 2017
Lyle W. Cayce
Clerk

JASON WALKER, also known as Jason Renard Walker, also known as
Jonathon Dotson, also known as Johnathon Dotson,
Plaintiff-Appellant
v.
RODNEY W. KILLOUGH, Correctional Officer IV,
Defendant-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:15-CV-178
Before STEWART, Chief Judge, and JOLLY and JONES, Circuit Judges.
PER CURIAM: *
Jason Walker, Texas prisoner # 1532092, proceeding pro se and in forma
pauperis, filed a 42 U.S.C. § 1983 civil rights complaint against eight inmate
medical care providers and three correctional officers. Walker alleged that the
defendants were deliberately indifferent to his serious medical needs following
the accidental administration to him of another inmate’s medication. The

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 15-11219

Document: 00513975394

Page: 2

Date Filed: 05/02/2017

No. 15-11219
district court dismissed the claims against most of the defendants for failure
to state a claim, leaving pending only claims against medical aide Helen
Kitchen and correctional officer Rodney W. Killough. After Walker filed an
amended complaint asserting claims against only Kitchen, the district court
sua sponte dismissed the claims against Killough for failure to prosecute.
Walker now appeals that decision.
“This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Because
Walker’s claims against Kitchen remain unadjudicated in the district court, we
lack jurisdiction over this appeal. See 28 U.S.C. §§ 1291, 1292(a),(b); FED.
R. CIV. P. 54(b); Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enters.,
Inc., 170 F.3d 536, 538-41 (5th Cir. 1999).
DISMISSED for lack of jurisdiction.

2

Accordingly, the appeal is