Bostic Senior v. Davis et al

Filing 44

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.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Teddy Glen Bostic Senior, : Plaintiff, : Case No. 2:15-cv-3029 : Magistrate Judge Kemp v. Jeanette Arlene Davis, et al., : Defendants. : ORDER This case is before the Court to consider two motions. The first is a motion to vacate the mediation conference, filed by the Defendants. 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. That order 28 U.S.C. §1291 provides for appellate jurisdiction to review “final decisions” of the district courts. 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. See, 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. occur here. Id. 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. That being 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 -2-

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