Ward v. LeClaire
Ward v. LeClaire
Opinion of the Court
Upon review, we have determined that we lack appellate jurisdiction over Ward’s appeal. An order granting partial summary judgment like the one Ward challenges in this appeal is not a final order for purposes of 28 U.S.C. § 1291. See Petrello v. White, 538 F.3d 110, 113-14 (2d Cir. 2008); Geneva Pharm. Tech. Corp. v. Barr Labs. Inc., 386 F.3d 485, 494-95 (2d Cir. 2004). Nor did the district court expressly enter a partial final judgment for any of the dismissed claims or parties pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. See Petrello, 533 F.3d at 113. Moreover, no other basis for appellate jurisdiction has been demonstrated. See 28 U.S.C. § 1292(a), (b); see also Whiting v. Lacara, 187 F.3d 317, 319-20 (2d Cir. 1999).
For the foregoing reasons, the appeal is hereby DISMISSED for lack of appellate jurisdiction.
Reference
- Full Case Name
- Kenneth WARD v. Lucien LeCLAIRE, Jr., Acting Commissioner, Thomas G. Eagen, Director of Central Office Review Committee, Lawrence Sears, Superintendent, Franklin Correctional Facility, J.D. Demars, Deputy Superintendent of Programs, R. Boyea, IGP Supervisor, Glenn Goord, DOCS Commissioner, M. Dutil, Correctional Officer, Brian Fischer, Commissioner, K. Habeck, Deputy Superintendent of Administration, T. Dumas, Registered Nurse, D.A. Rock, Deputy Superintendent of Security, Richard Savage, Superintendent, Gowanda Correctional Facility, J. Melendez, Deputy Superintendent of Programs, Linda Janish, Boyce, R. Mahoney, Deputy Superintendent of Administration, Waldmiller, Correctional Officer, Riggtione, Correctional Officer, Hessel, Correctional Officer
- Status
- Published