White v. Clinton
Opinion of the Court
ORDER
Timothy E. White responds to this court’s November 13, 2000 order regarding White’s appeal here and his identical appeal pending in the United States Court of Appeals for the District of Columbia Circuit.
In his response, White argues that dismissal is unwarranted and reiterates his request to hold this appeal in abeyance pending final disposition of his appeal with the D.C. Circuit from the same district court judgment. In White’s earlier request for a stay, he stated that he was moving to hold his appeal in this court in abeyance because “it is my understanding that I can only have one case on the same issue at anytime.”
In the memorandum order and judgment on review, the United States District Court for the District of Columbia dismissed Wkite’s complaint for failure to state a claim. The district court stated
This appeal must be dismissed because it does not fall within the court’s jurisdiction. Nothing in this court’s jurisdictional mandate permits review of actions filed pursuant to 42 U.S.C. § 1983. See 28 U.S.C. § 1295.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
Reference
- Full Case Name
- Timothy E. WHITE v. William J. CLINTON, President of the United States, U.S. Court of Appeals Judges, Margaret Livingston, Deputy Clerk, USCA, Atlanta, GA, and Rhonda Steinberg, Deputy Clerk, USCA, Atlanta, GA
- Status
- Published