Jason Walker v. Patti Hope

688 F. App'x 290

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 2, 2017
• Docket: 15-11219 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Jason Walker, Texas prisoner # 1532092, proceeding pro se and in forma pauperis, filed a 42 U.S.C. § 1983 civil rights complaint against eight inmate medical care providers and three correctional officers. Walker alleged that the defendants were deliberately indifferent to his serious medical needs following the accidental administration to him of another inmate’s medication. The district court dismissed the claims against most of the defendants for failure to state a claim, leaving pending only- claims against medical aide Helen Kitchen and correctional officer Rodney W. Killough. After Walker filed an amended complaint asserting claims against only Kitchen, the district court sua sponte dismissed the claims against Kil-lough for failure to prosecute. Walker now appeals that decision.

“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). Because Walker’s claims against Kitchen remain unadjudicated in the district court, we lack jurisdiction over this appeal. See 28 U.S.C. §§ 1291, 1292(a), (b); Fed. R. Civ. P. 54(b); Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enters., Inc., 170 F.3d 536, 538-41 (5th Cir. 1999). Accordingly, the appeal is DISMISSED for lack of jurisdiction.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.