Filed: Feb. 23, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 23, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-51448 Conference Calendar REGINA KELLY; CORVIAN WORKMAN; MILTON JEROME DUNN; JOHNNY HAMMOND; QUINCY HIGGINS; MICHAEL WELLS; FREDERICK DWAINE SEYMORE; DONAL EDDINGTON; DARREL DEWAYNE GRAY; CLIFFORD EUGENE RUNOALDS; CORNELIUS WORKMAN; QUINTON SMITH; DARIUS MOTEN; CARLTON STEELS; ROBERT TAYLOR, Plaintiffs-Appellants, versus JOHN PA
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 23, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-51448 Conference Calendar REGINA KELLY; CORVIAN WORKMAN; MILTON JEROME DUNN; JOHNNY HAMMOND; QUINCY HIGGINS; MICHAEL WELLS; FREDERICK DWAINE SEYMORE; DONAL EDDINGTON; DARREL DEWAYNE GRAY; CLIFFORD EUGENE RUNOALDS; CORNELIUS WORKMAN; QUINTON SMITH; DARIUS MOTEN; CARLTON STEELS; ROBERT TAYLOR, Plaintiffs-Appellants, versus JOHN PAS..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS February 23, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-51448
Conference Calendar
REGINA KELLY; CORVIAN WORKMAN; MILTON JEROME DUNN; JOHNNY
HAMMOND; QUINCY HIGGINS; MICHAEL WELLS; FREDERICK DWAINE
SEYMORE; DONAL EDDINGTON; DARREL DEWAYNE GRAY; CLIFFORD
EUGENE RUNOALDS; CORNELIUS WORKMAN; QUINTON SMITH; DARIUS
MOTEN; CARLTON STEELS; ROBERT TAYLOR,
Plaintiffs-Appellants,
versus
JOHN PASCHALL, ET AL.,
Defendants,
SOUTH CENTRAL TEXAS REGIONAL NARCOTICS TASK FORCE,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-03-CV-179
--------------------
Before BARKSDALE, GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
The plaintiffs in this civil rights action filed a notice of
appeal from an order of the district court dismissing fewer than
all of the claims and parties. They seek to appeal the dismissal
of the South Central Texas Regional Narcotics Task Force (“the
Task Force”).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-51448
-2-
This court must examine the basis of its jurisdiction on
its own motion if necessary. Mosley v. Cozby,
813 F.2d 659,
660 (5th Cir. 1987). This court has authority to hear appeals
from “final decisions” under 28 U.S.C. § 1291. It also
has jurisdiction under 28 U.S.C. § 1292 to hear appeals from
interlocutory decisions, nonfinal judgments certified as final
under FED. R. CIV. P. 54(b), and some other nonfinal orders and
judgments to which an exception applies. See Briargrove Shopping
Ctr. Joint Venture v. Pilgrim Enters.,
170 F.3d 536, 538 (5th
Cir. 1999).
The plaintiffs argue that the district court’s order
dismissing the Task Force is appealable under the collateral-
order doctrine. See Mitchell v. Forsyth,
472 U.S. 511, 524-25
(1985). Because the district court’s order dismissing the Task
Force “is capable of being fully and effectively reviewed after
final judgment,” the collateral order doctrine is inapplicable,
and this court lacks jurisdiction over the appeal. See Thompson
v. Betts,
754 F.2d 1243, 1246 (5th Cir. 1985). Accordingly, the
appeal is DISMISSED for lack of jurisdiction. The plaintiffs’
request for a stay of the appeal is DENIED.
APPEAL DISMISSED; STAY DENIED.