Chancey v. BASF ( 2022 )

Case: 22-40442 Document: 00516575990 Page: 1 Date Filed: 12/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
December 13, 2022
No. 22-40442
Lyle W. Cayce
Clerk
Brian Chancey,
Plaintiff—Appellant,
versus
BASF,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:22-CV-34
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
Brian Chancey appeals the district court’s denial of his motion to
appoint a special master over his suit against his employer, BASF.
We dismiss for lack of appellate jurisdiction.
Federal appellate courts have jurisdiction over appeals only from
(1) a final decision under 28 U.S.C. § 1291; (2) a decision that has been
deemed or certified as final; or (3) an appealable interlocutory order under
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40442 Document: 00516575990 Page: 2 Date Filed: 12/13/2022
No. 22-40442
28 U.S.C. § 1292(a). See Askanase v. Livingwell, Inc., 981 F.2d 807, 809–10
(5th Cir. 1993). Here, the “district court’s order is an interlocutory non-final
order and cannot be appealed under 28 U.S.C. § 1292.” Teamsters Loc.
Unions v. Braswell Motor Freight Lines, 428 F.2d 1371, 1373 (5th Cir. 1970).
See also Kearns v. Shillinger, 823 F.2d 399, 400 (10th Cir. 1987) (an “order
denying plaintiff’s motion for appointment of a special master is not a final,
appealable order”); 9C Wright & Miller, Fed. Prac. & P. § 2615
(“An order of reference to a master under Federal Rule 53 is interlocutory
and not appealable given the final judgment rule.”). Accordingly, we dismiss
the appeal.
This appeal is DISMISSED.
2