Leslie Davis, Jr. v. Brad Livingston, et al

Filing

UNPUBLISHED OPINION FILED. [16-40732 Dismissed for Lack of Jurisdiction] Judge: EHJ, Judge: JLW, Judge: EBC; denying motion for an order holding the defendants in contempt filed by Appellant Mr. Leslie J. Davis, Jr. [8318795-2] [16-40732]

Case: 16-40732

Document: 00514053753

Page: 1

Date Filed: 06/29/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40732
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 29, 2017
Lyle W. Cayce
Clerk

LESLIE J. DAVIS, JR.,
Plaintiff-Appellant
v.

BRAD LIVINGSTON; BRYAN COLLIER; MATT GROSS; KEVIN WHEAT;
BILLY REEVES,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:16-CV-76
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
Leslie J. Davis, Jr., Texas prisoner # 676293, appeals an order by the
United States District Court for the Southern District of Texas transferring his
42 U.S.C. § 1983 action to the Eastern District of Texas pursuant to 28 U.S.C.
§ 1404(a). We lack jurisdiction to review this non-final decision. See In re
Volkswagen of Am., Inc., 545 F.3d 304, 319 (5th Cir. 2008) (en banc); Askanase

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40732

Document: 00514053753

Page: 2

Date Filed: 06/29/2017

No. 16-40732
v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). Instead, a petition for
writ of mandamus is the appropriate means for contesting the order. See
Volkswagen, 545 F.3d at 308-09. The appeal is DISMISSED, and the motion
for an order holding the defendants in contempt is DENIED.

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