Enriquez v. Coffield

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 15, 2005
• Docket: 03-20943
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 15, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-20943 Summary Calendar

AMADO A. SOTO, ET AL.,

Plaintiffs,

JUAN ENRIQUEZ,

Plaintiff-Appellant,

versus

W. J. ESTELLE, Director, Texas Department of Corrections; LESTER H. BEAIRD, Warden, Darrington Unit, Rosharon, TX; CHARLES AVERY, JR.; H. H. COFFIELD, Former Chairman of the Texas Board of Corrections; JAMES MARVIN WINDHAM, Forman Chairman of the Texas Board of Corrections; RAYMOND PROCUNIER, Former Chairman of the Texas Department of Corrections; O. O. MCCOTTER, Former Director of the Texas Department of Corrections; JAMES A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division; ALAN MITCHELL, Corrections Officer; JACK B. PURSLEY, Corrections Officer; JAMES MICHAEL Wilson, Corrections Officer; B. S. HARTNET; S. O. WOODS, Director of the Bureau of Classification,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas (USDC No. H-73-CV-900) _________________________________________________________ Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

The district court’s order dismissing the case was conditioned upon the parties

reaching a final settlement agreement, and it gave the parties 90 days to move for

reinstatement if a settlement agreement was not reached. Thus, the order was not a final,

appealable order for the purposes of 28 U.S.C. § 1291. See Otis v. City of Chicago, 29

F.3d 1159, 1167 (7th Cir. 1994); see also Berke v. Bloch, 242 F.3d 131, 135 (3d Cir.

2001). DISMISSED.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.