Harold Silver v. The Secretary of the Army, of the Department of the Army of the United States of America
This text of 554 F.2d 664 (Harold Silver v. The Secretary of the Army, of the Department of the Army of the United States of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant is attempting to appeal an order of the district court which remanded his suit to expunge two unfavorable fitness reports from his service record back to the Army Board for Correction of Military Records. The district court has retained jurisdiction of the suit.
However, this Court has no jurisdiction to entertain this appeal and we must dismiss. The district court's order of October 8,1975, remanding this case to the Board is not dispositive of this litigation, and is not a final order as required by 28 U.S.C. § 1291. Nor may the district court’s order be considered an interlocutory decision under either paragraphs (a) or (b) in 28 U.S.C. § 1292. The order does not grant, continue, modify, refuse, or dissolve an injunction, and the district court has not certified the order to us as involving a controlling question of law about which there is difference of opinion. See Pauls v. Secretary of Air Force, 1 Cir. 1972, 457 F.2d 294, 297-298.
DISMISSED.
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554 F.2d 664, 1977 U.S. App. LEXIS 12792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-silver-v-the-secretary-of-the-army-of-the-department-of-the-army-ca5-1977.