UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40445
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JAMES RILEY CORNETT, JR.,
Plaintiff-Appellant,
versus
W.K. LONGOIS; Orange city Police Department;
K.C. BREASHERS; DONALD MACDONALD; MARVIN HELMS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
( 1:93-CV-361 )
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January 7, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM*:
Texas prisoner James Riley Cornett, Jr., No. 03495-078, seeks
to appeal (styled “Interlocutory”) a partial final judgment entered
in December 1994 (the parties consent to trial before the
magistrate judge pursuant to 28 U.S.C. § 636(c)), and the denial of
a “Motion to Invoke Pendent Jurisdiction”, a motion for service of
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
process, and two discovery motions. Cornett’s remaining claims
have yet to be tried.
The December 1994 order has been previously appealed to this
court and dismissed for lack of jurisdiction. The underlying facts
have not changed, and the second appeal is frivolous. The appeal
from the denial of motions is premature, as that denial does not
constitute a final judgment and Cornett has not satisfied an
exception to this requirement. Accordingly, jurisdiction to review
these denials is lacking. See e.g., Dardar v. Lafourche Realty
Co., 849 F.2d 955, 957 (5th Cir. 1988). Accordingly, we need not
reach the applicability of the Prison Litigation Reform Act.
We warn Cornett that any additional frivolous appeals filed by
him or on his behalf will invite the imposition of sanctions. To
avoid sanctions, he is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
DISMISSED; SANCTIONS WARNING ISSUED