Bostic Senior v. Davis et al
ORDER denying 40 Motion to Vacate ; denying 43 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Terence P. Kemp on 6/6/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Teddy Glen Bostic Senior,
Case No. 2:15-cv-3029
Magistrate Judge Kemp
Jeanette Arlene Davis, et al., :
This case is before the Court to consider two motions.
first is a motion to vacate the mediation conference, filed by
After considering the motion and Plaintiff’s
response, the Court denies the motion (Doc. 40).
The parties are
directed to participate in the mediation in good faith.
The second pending motion is Plaintiff’s motion for leave to
proceed on appeal in forma pauperis.
Plaintiff has been
permitted to proceed that way in this case, so under Fed.R.App.P.
24(a)(3), he may proceed in forma pauperis on appeal unless the
Court certifies that the appeal is not taken in good faith - in
other words, that it is groundless.
Here, Mr. Bostic is appealing the Court’s order of May 8,
2017, dismissing his claims against Defendant Davis.
is not immediately appealable.
28 U.S.C. §1291 provides for
appellate jurisdiction to review “final decisions” of the
An order dismissing fewer than all of the
claims or parties is not a final order but an interlocutory one,
meaning that it is subject to revision by the District Court at
any time before final judgment is entered in the case.
e.g., Consolidation Coal Co. v. United States Dept. of Interior,
43 F.Supp.2d 857, 862-63 (S.D. Ohio 1999).
The Court of Appeals
has jurisdiction to review such orders under 28 U.S.C. §1292, but
only if those orders address certain types of relief, like
injunctive relief, or, under §1292(b), if the District Court
certifies the order for immediate appeal.
That did not
Consequently, the order from which Mr. Bostic has
appealed is not immediately appealable, and his appeal is likely
to be dismissed for lack of appellate jurisdiction.
so, the Court certifies that the appeal is not taken in good
faith, and it denies the motion for leave to appeal in forma
pauperis (Doc. 43).
/s/ Terence P. Kemp
United States Magistrate Judge
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