United States Ex Rel. Davis v. Litalien

88 F. App'x 778

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 17, 2004
• Docket: 03-20570
• Status: Unpublished

Opinion

PER CURIAM. *

Carl Davis, Texas inmate No. 634171, filed a qui tam action against Florent Luc Litalien, Texas inmate no. 753225, under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq. Davis alleged that Litalien had defrauded the Department of Veterans Affairs (VA) by collecting benefits while incarcerated. The district court granted summary judgment for Davis on the liability issue based on the matters admitted pursuant to Fed. R. Civ. P. 36(a). The district court determined liability but did not award damages. Because the district court did not determine damages, it could not issue a final judgment pursuant to Fed. R. Civ. P. 54(b). Pemberton v. State Farm Mut. Auto. Ins. Co., 996 F.2d 789, 792 (5th Cir.1993). Accordingly, this court lacks jurisdiction to consider the appeal.

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.