Lising v. Quarterman
Lising v. Quarterman
Opinion of the Court
Leopoldo Galang Lising, Texas prisoner # 781977, has filed an application for leave
We must examine the basis of our jurisdiction sua sponte if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Discovery orders incident to a pending action are interlocutory and, ordinarily, are not appealable. Texaco Inc. v. La. Land & Exploration Co., 995 F.2d 43, 44 (5th Cir. 1993). Discovery oi’ders, however, are appealable under the collateral-order doctrine if the order denies a defendant’s claim of qualified immunity. Liberty Mut. Ins. Co. v. La. Dep’t of Ins., 62 F.3d 115, 117 (5th Cir. 1995).
The district court’s order did not deny the defendants’ claims of qualified immunity. Accordingly, we are without jurisdiction, and the appeal is dismissed. Lising’s motion to proceed IFP on appeal is denied.
APPEAL DISMISSED; MOTION DENIED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.