Wayne Gordon v. Leon Regan ( 2016 )

Case: 16-30280 Document: 00513706100 Page: 1 Date Filed: 10/05/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-30280
Fifth Circuit
FILED
Summary Calendar October 5, 2016
Lyle W. Cayce
WAYNE GORDON, Clerk
Plaintiff – Appellant
v.
LEON REGAN; CITADEL BUILDERS, L.L.C.; UNIDENTIFIED PARTY;
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA,
improperly named Travelers Casualty and Surety Company of American,
Incorporated,
Defendants - Appellees
------------------------------------------------------------------------------------------------------------
WAYNE GORDON
Plaintiff – Appellant
v.
LEON REGAN; CITADEL BUILDERS, L.L.C.; UNIDENTIFIED PARTY;
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICAN,
INCORPORATED
Defendants - Appellees
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:15-CV-1979
Case: 16-30280 Document: 00513706100 Page: 2 Date Filed: 10/05/2016
No. 16-30280
Before HIGGINBOTHAM, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Wayne Gordon appeals, pro se, from a magistrate judge’s order deferring
initial disclosures and the district court’s without-prejudice dismissal
conditioned on execution of settlement agreement. The Court’s examination of
the record reveals that there is no such order by a magistrate judge, and even
if there were, it is not a final judgment and was not appealed to the district
court. 1 Moreover, the district court’s dismissal from which Gordon appeals was
a dismissal without prejudice as the district court retained jurisdiction to
enforce the terms of the settlement. 2 Even if we construe Gordon’s appeal to be
from the district court’s final dismissal with prejudice, he consented to that
dismissal as a term of the settlement he agreed to. 3 Thus, this Court lacks
jurisdiction. The appeal is DISMISSED for lack of appellate jurisdiction.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
1 28 U.S.C. § 1291; Central Progressive Bank v. Fireman’s Fund Ins. Co., 658 F.2d 377,
383 (5th Cir. 1981).
2 LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 603 (5th Cir. 1976).
3 Tel-Phonic Services, Inc. v. TBS Int’l, Inc., 975 F.2d 1134, 1137 (5th Cir. 1992).
2