Buesgens v. Freeland
Opinion of the Court
Michael L. Buesgens seeks to appeal the transfer of his pending 42 U.S.C. § 1983 (2000) action from the District of Maryland to the Western District of Texas. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). It is well-settled that transfers under 28 U.S.C. § 1404(a) (2000) are not appealable final orders. See In re Canrefirst of Md., Inc., 305 F.3d 253, 262 (4th Cir. 2002); Gower v. Lehman, 799 F.2d 925, 927 (4th Cir. 1986). We therefore lack jurisdiction to entertain this appeal. Accordingly, we deny Buesgens’ motions for production of documents and for “Joinder of Civil Actions.” We also deny Buesgens’ “Motion for relief from Judge Sam Sparks’ order closing Civil No. 1:07cv00444SS.” We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- Michael L. BUESGENS, Plaintiff—Appellant v. Christine C. FREELAND Debra Wehmeier, Regional Vice President Riverstone Residential SC, LLC Charles Eads Brown Howard M. Bookstaff Hoover Slovacek, LLP National Apartment Association Texas Apartment Association Austin Apartment Association Arnold Carltauch Jack C. Moss Kyle Tauch, Superiors Falcon Group Gary Kin Oldham, Partner Robert A. Faith, President Greystar Holdings, Incorporated J. Frank Miller, Superior JPI Partners Jefferson at Falcon Ridge David B. Armbrust, Attorney Superior Gregory S. Cagle Armbrust R. Brown, Limited Liability Partnership Dunhan Jewett, Attorney Superior Shelley Bush Marmon, Attorney Crady Jewett R M McCully, LLP Measn Monique Goeres, Human Relations Manager Grande Communications Andiruh (Andy) Sarwal Andrew Kever, General Counsel Superior Grande Communications, Winstead, P.C. Chester E. Beaver, City of Austin, Texas Attorney Ann Morgan, Attorney City of Austin, Texas John A. Benavides, Investigator City of Austin Charles H. Gorham, Administrator City of Austin City of Austin, Texas Travis County, Texas Felix Tarango, Assistant Travis County Attorney Joseph Rosser, Deputy Bruce Elfant, Constable Precinct 5, Travis County Edward Curry, Sergeant Travis County Constable Riverstone Operating Company, Incorporated Ryan Goeres, District Superintendent Hunt Oil Company Kim Kendrick, Assistant Secretary, U.S. Department of Housing and Urban Development—Fair Housing Equal Opportunity FHEO, Fair Housing FHEO, Fair Housing Assistance Program—FHMP, individually and in her official capacity Milton Turner, Director Compliance and Disability Rights—HUD—FHEO—FHAP, individually and in his official capacity Garry Sweeney Joseph Castillo, Director HUD—FHEO—FHAP Field Office, individually and in his official capacity Alphonso Jackson, Secretary HUD 06-06-293-8 City of Austin, Texas HUD Certified Fair Housing Office—FHAP FHEO No. 01-06-0028-HG/COA EE/FHO, individually and in his official capacity Jack E. Fritts, Maintenance—Falcon Ridge Apartments Riverstone Residential, SC, Limited Liability Company, Defendants—Appellees
- Status
- Published