Matthew Jackson v. Susan Pamerleau

Case: 16-50498 Document: 00513837077 Page: 1 Date Filed: 01/17/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50498 FILED
January 17, 2017
MATTHEW JAMAL JACKSON, Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
SUSAN PAMERLEAU, Bexar County Sheriff; A. BANASCO, Jail
Administrator Chief; SAN ANTONIO, TEXAS; BEXAR COUNTY JUDICIAL
OFFICIALS; BEXAR COUNTY PROSECUTORIAL OFFICIALS; VINCENT
D. CALLAHAN, Attorney; BEXAR COUNTY, TEXAS,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:15-CV-509
Before OWEN, ELROD, and COSTA, Circuit Judges.
PER CURIAM: *
“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). “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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-50498 Document: 00513837077 Page: 2 Date Filed: 01/17/2017
No. 16-50498
to [Rule] 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). “A decision is final when it ends the litigation on the
merits and leaves nothing for the court to do but execute the judgment.” Id. at
810 (internal quotation marks and citation omitted).
The notice of appeal in this case designates either the Magistrate Judge’s
order to show cause or the report and recommendation that plaintiff’s claims
be dismissed, neither of which is an appealable final decision. See Donaldson
v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); United States v. Cooper, 135 F.3d
960, 961-63 (5th Cir. 1998). Accordingly, this appeal must be dismissed for
lack of jurisdiction and plaintiff’s motion for leave to proceed on appeal in
forma pauperis must be denied.
IT IS SO ORDERED.
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