IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31043
Summary Calendar
BARBARA HOOVER,
Plaintiff-Appellant,
versus
CIVIL DISTRICT COURT, Parish of Orleans, State of Louisiana; NADINE
RAMSEY, Judge; SHELLY NICHOLSON, Court Reporter; PINKY FERDINAND,
Court Reporter; TERRI LOVE, Judge; LESLIE CALLAIS, Court Reporter;
MARJORIE STAES, Court Reporter; KIM BOYLE, Judge; ROBIN GIARUSSO,
Judge; CARLA JOSEPH, Court Reporter; GERALD GEDEROFF, Judge;
BARBARA BERGUR, Court Reporter; RICHARD GANUCHEAU, Judge; MR.
CALLAIS, Court Reporter; YADA MAGEE, Judge; THERESA MILLER, Court
Reporter; ROLAND BELLSOME, Judge; LAURIE HENDRICKSON, Court
Reporter,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
(01-CV-769)
--------------------
February 28, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:
We must determine the basis of our jurisdiction and must do so
on our own motion, if necessary. Mosley v. Cozby, 813 F.2d 659,
660 (5th Cir. 1987). Generally, parties may appeal only from final
orders unless the order has been certified for immediate,
interlocutory appeal. 28 U.S.C. §§ 1291, 1292(b). A final
decision is one that “ends the litigation on the merits and leaves
nothing for the court to do but execute the judgment.” Dillon v.
State of Mississippi Military Dep't, 23 F.3d 915, 917 (5th Cir.
1994)(citation and quotations omitted).
No final judgment has been entered in the captioned case. The
district court announced its intention to dismiss the case if
Plaintiff-Appellant Hoover failed to comply with a show-cause
order. That was not, however, a self-executing order of dismissal,
and the district court has not dismissed the case. Hoover could
have filed a pleading explaining the bases for her claims and could
have avoided a dismissal for failure to comply. The show-cause
order did not therefore end the litigation on the merits and leave
nothing for the court to do but sign and file the judgment. See
Dillon, 23 F.3d at 917. As there is no final judgment, there is
nothing from which an appeal on the merits may be taken.
Additionally, the district court’s show-cause order and its
order denying Hoover’s motion for transcripts, for an extension,
and for a stay, could be reviewed on appeal from any final order
dismissing the case. Therefore, those orders are not appealable
under the collateral-order doctrine. Carter v. Fenner, 136 F.3d
1000, 1004 n.7 (5th Cir. 1998). Lacking jurisdiction over Hoover’s
appeal, it is
DISMISSED.
2