Jason Walker v. Patti Hope
UNPUBLISHED OPINION FILED. [15-11219 Dismissed for Lack of Jurisdiction] Judge: CES , Judge: EGJ , Judge: EHJ [15-11219]
Date Filed: 05/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
May 2, 2017
Lyle W. Cayce
JASON WALKER, also known as Jason Renard Walker, also known as
Jonathon Dotson, also known as Johnathon Dotson,
RODNEY W. KILLOUGH, Correctional Officer IV,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 05/02/2017
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.
Accordingly, the appeal is
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?