Matthew Jackson v. Susan Pamerleau, et al


UNPUBLISHED OPINION ORDER FILED. [16-50498 Dismissed for Lack of Jurisdiction] Judge: PRO, Judge: JWE, Judge: GJC; denying motion to proceed IFP filed by Appellant Mr. Matthew Jamal Jackson [8324480-2] [16-50498]

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Case: 16-50498 Document: 00513837077 Page: 1 Date Filed: 01/17/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50498 United States Court of Appeals Fifth Circuit FILED January 17, 2017 MATTHEW JAMAL JACKSON, Lyle W. Cayce Clerk Plaintiff-Appellant v. SUSAN PAMERLEAU, Bexar County Sheriff; A. BANASCO, Jail Administrator Chief; SAN ANTONIO, TEXAS; BEXAR COUNTY JUDICIAL OFFICIALS; BEXAR COUNTY PROSECUTORIAL OFFICIALS; VINCENT D. CALLAHAN, Attorney; BEXAR COUNTY, TEXAS, Defendants-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 5:15-CV-509 Before OWEN, ELROD, and COSTA, Circuit Judges. PER CURIAM: * “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). “Federal appellate courts have jurisdiction over appeals only from (1) a final decision under 28 U.S.C. § 1291; (2) a decision that is deemed final due to jurisprudential exception or that has been properly certified as final pursuant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50498 Document: 00513837077 Page: 2 Date Filed: 01/17/2017 No. 16-50498 to [Rule] 54(b); and (3) interlocutory orders that fall into specific classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal by the district court, 28 U.S.C. § 1292(b).” Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). “A decision is final when it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Id. at 810 (internal quotation marks and citation omitted). The notice of appeal in this case designates either the Magistrate Judge’s order to show cause or the report and recommendation that plaintiff’s claims be dismissed, neither of which is an appealable final decision. See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); United States v. Cooper, 135 F.3d 960, 961-63 (5th Cir. 1998). Accordingly, this appeal must be dismissed for lack of jurisdiction and plaintiff’s motion for leave to proceed on appeal in forma pauperis must be denied. IT IS SO ORDERED. 2

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