Lucero v. Operation Rescue of Birmingham
Opinion of the Court
This court — acting through a motions panel — granted leave to hear defendant-appellant Pinto’s interlocutory appeal of the district court’s order retaining supplemental jurisdiction over plaintiff Lucero’s state law claims, where Lucero had no pending federal claims. But, then the district court reinstated Lucero’s federal RICO claim. In the light of this reinstated federal claim, the interlocutory appeal has become a wasteful expenditure of appellate court resources.
VACATED and REMANDED.
District courts are invited to contact this court directly when one of their orders potentially affects the status of an interlocutory appeal.
Reference
- Full Case Name
- Bruce LUCERO, M.D. v. OPERATION RESCUE OF BIRMINGHAM, Birmingham Rescue Mission Randall Terry Joseph Foreman, James Pinto, Leonard Gavin John Michael Vice Bill Stamp Doug Scofield Scott Houser
- Cited By
- 1 case
- Status
- Published