Brown El v. Skeen et al

Filing 22

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's "motion for leave to file [either] written objections to this court's memorandum & order of 1/25/16 or, in the alternative, interlocutory appeal" [ECF No. 20 ] is DENIED. Signed by District Judge E. Richard Webber on 3/4/2016. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEITH E. BROWN EL,

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Plaintiff,
v.
MELVIN SKEEN, et al.,
Defendants,

No. 4:15CV1089 ERW

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s “motion for leave to file [either] written
objections to this court’s memorandum & order of 1/25/16 or, in the alternative, interlocutory
appeal.” The motion is denied.
On January 26, 2016, the Court reviewed plaintiff’s amended complaint under 28 U.S.C.
§ 1915(e) and dismissed defendant Terry Russell and plaintiff’s RLUIPA claims. Plaintiff says
that he wants to file objections to the Order more fully discussing the facts pertaining to his
claims. Alternatively, he seeks leave to file an interlocutory appeal.
The Federal Rules do not provide for written “objections” containing further factual
allegations to a court’s Order dismissing claims under 28 U.S.C. § 1915(e). Therefore, in this
respect, the motion is denied.
The Court may only authorize taking an interlocutory appeal if the “order [appealed
from] involves a controlling question of law as to which there is substantial ground for difference
of opinion and that an immediate appeal from the order may materially advance the ultimate
termination of the litigation . . .” 28 U.S.C. § 1292(b). Such circumstances do not exist in this
case. As a result, plaintiff’s motion is denied.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s “motion for leave to file [either] written
objections to this court’s memorandum & order of 1/25/16 or, in the alternative, interlocutory
appeal” [ECF No. 20] is DENIED.
So Ordered this 4th day of March, 2016.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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