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.)

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

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