IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50242
Conference Calendar
KEITH JUDD,
Plaintiff-Appellant,
versus
THE UNIVERSITY OF NEW MEXICO;
ALBUQUERQUE POLICE DEP'T; C. LEROY
HANSEN, U.S. District Judge for
the District of New Mexico, Albuquerque
Division; LORENZO GARCIA, U.S.
District Judge for the District of
New Mexico, Albuquerque Division;
W.W. DEATON, U.S. Magistrate Judge
for the District of New Mexico,
Albuquerque Division,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-96-CV-122
- - - - - - - - - -
December 9, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
We must examine the basis of our jurisdiction on our own
motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). When an action involves multiple parties or multiple
*
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that this opinion should not be published and is not precedent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.
No. 97-50242
-2-
claims, any decision that adjudicates the liability of fewer than
all the parties or disposes of fewer than all the claims does not
terminate the litigation and is therefore not appealable unless
certified under FED. R. CIV. P. 54(b). See Thompson v. Betts, 754
F.2d 1243, 1245 (5th Cir. 1985); Borne v. A & P Boat Rentals No.
4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985). The district court
did not certify the order of dismissal of the federal judges for
appeal; and the order does not independently, or together with
related parts of the record, reflect the district court's clear
intent to enter a judgment under Rule 54(b). See Kelly v. Lee’s
Old Fashioned Hamburgers, Inc., 908 F.2d 1218, 1219-20 (5th Cir.
1990) (en banc).
In addition, contrary to Judd's contentions, the "collateral
order" exception to 28 U.S.C. § 1291 is inapplicable. The order
dismissing the judges "is not collateral to merits, but rather
determines merits defenses, and it would be fully and effectively
reviewable on appeal if and when a final judgment is rendered
. . . ." Exxon Corp. v. Oxxford Clothes, Inc., 109 F.3d 1069,
1070 n.2 (5th Cir. 1997). Accordingly, we are without
jurisdiction.
This appeal is frivolous, and it is a continuation of Judd's
pattern of frivolous filings. The appeal is DISMISSED. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR.
R. 42.2. We caution Judd that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
No. 97-50242
-3-
sanctions. To avoid sanctions, Judd is further cautioned to
review any pending appeals to ensure that they do not raise
arguments that are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.