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Lewis v. Sheriff's Dept. Bossier Parish

United States Court of Appeals, Fifth Circuit
Sep 23, 2010
396 F. App'x 102 (5th Cir. 2010)

Opinion

No. 10-30309 Summary Calendar.

September 23, 2010.

Freddie R. Lewis, Winnfield, LA, pro se.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 5:07-CV-394.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.


Freddie Lewis, Louisiana prisoner #395306, filed a civil rights complaint against various defendants, complaining of his arrest and of the conditions of his confinement. The district court dismissed several claims against various defendants with prejudice as frivolous and for failure to state a claim on which relief may be granted and dismissed any claim for monetary compensation (for an allegedly unconstitutional conviction and sentence) as frivolous until such time as the conditions in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), are met. The district court noted, and its docket sheet reflects, that claims remain pending against numerous defendants.

Because the district court dismissed some but not all claims and defendants, this court must examine whether it has jurisdiction. See Martin v. Halliburton, 618 F.3d 476, 480-82 (5th Cir. 2010). We have jurisdiction over appeals from final decisions under 28 U.S.C. § 1291; certain interlocutory decisions under 28 U.S.C. § 1292; partial judgments certified as final under Federal Rule of Civil Procedure 54(b), United States v. Powell, 468 F.3d 862, 863 (5th Cir. 2006); and certain decisions under the collateral order doctrine, Martin, 618 F.3d at 480-83. Lewis's appeal does not fall into any of these categories, so we lack jurisdiction, and the appeal is DISMISSED.


Summaries of

Lewis v. Sheriff's Dept. Bossier Parish

United States Court of Appeals, Fifth Circuit
Sep 23, 2010
396 F. App'x 102 (5th Cir. 2010)
Case details for

Lewis v. Sheriff's Dept. Bossier Parish

Case Details

Full title:Freddie R. LEWIS, Plaintiff-Appellant, v. SHERIFF'S DEPARTMENT BOSSIER…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 23, 2010

Citations

396 F. App'x 102 (5th Cir. 2010)

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