Williams v. Texas Department of Criminal Justice Correctional Institutions Division
Williams v. Texas Department of Criminal Justice Correctional Institutions Division
Opinion of the Court
Sixteen Texas state prisoners filed separate civil rights complaints in state court against the Texas Department of Criminal Justice, Correctional Institutions Divisions (TDCJ) and Correctional Officers Santos Montez and Angel Davila. The cases were
On the same date as its memorandum opinion granting in part and denying in part the motion for summary judgment, the district court entered a “final judgment” dismissing the case with prejudice as moot based on its memorandum opinions and orders. In the memorandum opinions and orders, the district court did not dismiss the claims of plaintiffs Julius Timothy Dawson, Nicholas D. Graves, James Earl Sadberry, Antonio Shelvin, and Joseph A Whitfield.
“This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Because the claims of five plaintiffs remain pending in the district court, we lack jurisdiction over this appeal. See 28 U.S.C. §§ 1291, 1292(a),(b); Fed. R. Civ. P. 54(b); Martin v. Halliburton, 618 F.3d 476, 481 (5th Cir. 2010); Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enters., Inc., 170 F.3d 536, 538-41 (5th Cir. 1999).
Accordingly, the appeal is DISMISSED for lack of jurisdiction.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.