Ricks v. State of Louisiana ( 2023 )

Case: 23-30453 Document: 00516932700 Page: 1 Date Filed: 10/16/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 23-30453 FILED
____________ October 16, 2023
Lyle W. Cayce
Wesley Sinclair Ricks, Clerk
Plaintiff—Appellant,
versus
State of Louisiana; Department of Justice; District
Attorney Association; Parish of Morehouse; Parish of
Iberia; Jeffrey M. Landry; John G. Spires; Robert S.
Tew; Stephen Sylvester,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:23-CV-734
______________________________
Before Jones, Higginson, and Ho, Circuit Judges.
Per Curiam: *
Wesley Sinclair Ricks, Louisiana prisoner # 499599, is barred under
28 U.S.C. § 1915(g) from proceeding in forma pauperis (IFP) unless he shows
that he is in imminent danger of serious physical injury. He filed a 42 U.S.C.
§ 1983 complaint against the State of Louisiana. After the magistrate judge
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-30453 Document: 00516932700 Page: 2 Date Filed: 10/16/2023
No. 23-30453
denied him leave to proceed IFP, Ricks filed a notice of appeal to this court.
He then filed a notice of appeal to the district court. The district court
subsequently affirmed the magistrate judge’s order denying his IFP motion.
No subsequent notice of appeal was filed.
We must examine the basis of our jurisdiction, sua sponte if necessary.
Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “The courts of appeals
. . . have jurisdiction of appeals from all final decisions of the district courts
of the United States.” 28 U.S.C. § 1291. A magistrate judge’s order is not a
final, appealable order over which our court has jurisdiction unless the parties
were proceeding by consent, of which there is no evidence in this proceeding.
See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004). Thus, we lack
jurisdiction over the instant appeal. See id.APPEAL DISMISSED FOR LACK OF JURISDICTION;
MOTION FOR LEAVE TO PROCEED IFP DENIED.
2