Green v. Tilley

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 8, 2005
• Docket: 04-30556
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 8, 2005

Charles R. Fulbruge III Clerk No. 04-30556 Summary Calendar

LARRY GREEN

Plaintiff - Appellant

v.

WILLIAM E TILLEY, Etc.; ET AL

Defendants

JOHN S CRAFT, Sheriff; DANNY HUNT

Defendants - Appellees

-------------------- Appeals from the United States District Court for the Western District of Louisiana USDC No. 2:04-CV-819 --------------------

Before KING, Chief Judge, and BARKSDALE and BENAVIDES, Circuit Judges.

PER CURIAM:*

In this pro se civil rights case, Larry Green challenges the

district court’s orders setting aside the entry of default

judgments. Green has filed a motion for an emergency protective

order and a motion to sever the appeal. These motions are

DENIED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-30556 -2-

We do not have jurisdiction to review the district court’s

orders setting aside the entry of the default judgments as

neither of these orders is a final order nor an appealable

interlocutory or collateral order. See 28 U.S.C. §§ 1291, 1292;

see also Adult Film Ass’n of America, Inc. v. Thetford, 776 F.2d

113, 115 (5th Cir. 1985). Accordingly, Green’s appeal from these

orders is DISMISSED for lack of jurisdiction.

DISMISSED FOR LACK OF JURISDICTION; MOTIONS FOR EMERGENCY

PROTECTIVE ORDER AND TO SEVER APPEAL DENIED.