Corr v. Newcomer et al

Filing 26

MINUTE ENTRY: Under FRCP23(f), the plaintiff may apply to the 5th Circuit for permission to appeal 18 Order affirming Mag Judge Hayes's 8/24/09 order denying his Motion to Certify Class. The court notes, however, that it affirmed Mag Judge Hayes's order subject to reconsideration should the case survive initial review pursuant to 28 USC §§ 1915, 1915A and 42 USC § 1983. Signed by Chief Judge Robert G James on 10/06/09. (crt,Lundy, N)

MINUTE ENTRY JUDGE ROBERT G. JAMES UNITED STATES DISTRICT JUDGE October 5, 2009
RECEIVED USOC, WESTERN DISTRICT OF LA. TON)~. OQRE. CJgERK M

DATE. /~V(0 BY__

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DiSTRICT OF LOUISIANA MONROE DIVISION

CHRISTOPHER L. CARR VERSUS WARDEN NEWCOMER, ET AL.

CIVIL ACTION NO. 09-1080 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

Under FED. R. Civ. P. 23(f), the Plaintiff may apply to the Fifth Circuit for permission to appeal the Court's September 15, 2009, order [Doe. No. 18] affirming Magistrate Judge Hayes's August 24, 2009, order denying his Motion to Certify Class. The Court notes, however, that it affirmed Magistrate Judge Hayes's order subject to reconsideration should the case survive initial review pursuant to 28 U.S.C.

§~915, 1915A, and 42 U.S.C. § 1983. 1
RGJ

6?