U.S. Court of Appeals for the Eleventh Circuit, 1995

Lucero v. Operation Rescue of Birmingham

Lucero v. Operation Rescue of Birmingham
U.S. Court of Appeals for the Eleventh Circuit · Decided January 10, 1995 · Birch, Edmondson, Hill
41 F.3d 1493; 1995 WL 521 (Federal Reporter, Third Series)

Lucero v. Operation Rescue of Birmingham

Opinion of the Court

PER CURIAM:

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.* See United States v. Bear Marine Services, 696 F.2d 1117 (5th Cir. 1983). Therefore, the order granting leave to appeal is VACATED. And, the case is REMANDED to the district court.

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.

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