Aucoin v. Madison Correctional Center ( 2023 )

Case: 22-30254 Document: 00516696962 Page: 1 Date Filed: 03/31/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-30254
FILED
March 31, 2023
Summary Calendar
Lyle W. Cayce
Clerk
Craig Joseph Aucoin,
Plaintiff—Appellant,
versus
Madison Correctional Center; Damon Williams,
Medical Director Madison Correctional Center;
Warden Madison Correctional Center; John Doe, ARP
Administrator at Madison Correctional Center;
Medical Company at Madison Correctional Center;
Security Management, L.L.C.; Louisiana Department of
Corrections; James M. LeBlanc, Secretary, Department
of Public Safety and Corrections; John Doe, Louisiana
Department of Corrections employee #1; John Doe,
Louisiana Department of Corrections employee #2;
John Doe, Louisiana Department of Corrections
employee #3; John Doe, Louisiana Department of
Corrections employee #4; Jane Doe, Medical Staff at
Madison Correctional Center #1; Jane Doe, Medical
Staff at Madison Correctional Center #2; Jane Doe,
Medical Staff at Madison Correctional Center #3; Jane
Doe, Medical Staff at Madison Correctional Center #4,
Defendants—Appellees.
Case: 22-30254 Document: 00516696962 Page: 2 Date Filed: 03/31/2023
No. 22-30254
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:21-cv-03686
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
This court must examine the basis of its jurisdiction, on its own
motion if necessary. Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir.
2000). In this 42 U.S.C. § 1983 case, the district court granted a partial
dismissal of the Plaintiff’s claims without stating it was a final judgment or
asserting a Federal Rule of Civil Procedure 54(b) designation. “Federal
appellate courts have jurisdiction over appeals only from (1) a final decision
under 28 U.S.C. § 1291; (2) a decision that is deemed final due to
jurisprudential exception or that has been properly certified as final pursuant
to Fed. R. Civ. P. 54(b); and (3) interlocutory orders that fall into specific
classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal
by the district court, 28 U.S.C. § 1292(b).” Askanase v. Livingwell, Inc., 981
F.2d 807, 809-10 (5th Cir. 1993). This partial dismissal is not a final or
otherwise appealable order. Accordingly, the appeal is DISMISSED for want
of jurisdiction.
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
2