Aucoin v. Madison Correctional Center

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 31, 2023
• Docket: 22-30254
• Status: Unpublished

Opinion

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.