Case: 15-30644 Document: 00513542645 Page: 1 Date Filed: 06/10/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-30644 FILED
June 10, 2016
Lyle W. Cayce
DAVID LEE HILL, Clerk
Plaintiff-Appellant
v.
HAI PHAN; UNKNOWN S.P.D. OFFICER; WILLIE SHAW; CHARLES REX
SCOTT; ALAN J. GOLDEN; STEVE PRATOR; JOHN D. MOSELY, JR.; MICHEAL
ENWRIGHT; GREGORY SCOTT BRADY; UNKNOWN DEFENDANT, White
Female Assistant District Attorney; CAPTAIN FARRIS; L. EATON; LEWIS, Law
Librarian; SERGEANT CRAFT; UNKNOWN MAIL CLERK; ROSS OWEN;
AMANDA SULLIVAN,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:13-CV-583
Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.
PER CURIAM: *
David Lee Hill, Louisiana prisoner # 42520, moves for leave to appeal in
forma pauperis (IFP) and to view two sealed documents. We “have jurisdiction
over appeals only from (1) a final decision under 28 U.S.C. § 1291; (2) a decision
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-30644 Document: 00513542645 Page: 2 Date Filed: 06/10/2016
No. 15-30644
that is deemed final due to jurisprudential exception or that has been properly
certified as final pursuant to FED. R. CIV. P. 54(b)” and certain interlocutory
orders under 28 U.S.C. § 1292. Askenase v. LivingWell, Inc., 981 F.2d 807, 809-
10 (5th Cir. 1993). “When an action involves multiple parties, any decision
that adjudicates the liability of fewer than all of the parties does not terminate
the action and is therefore not appealable unless certified by the district judge
under Rule 54(b).” Id. at 810.
The district court’s order did not dispose of all of the claims or defendants
in Hill’s civil rights action. Nor is there any certification under Rule 54.
Because there is no final and appealable judgment, the appeal is DISMISSED
for lack of jurisdiction. See id. Accordingly, Hill’s motion for IFP is DENIED.
His motion to view sealed documents is also DENIED. Nonetheless, we note
for Hill’s benefit that one of the sealed documents is simply the district court’s
internal form indicating, without comment, that a report and recommendation
was filed, and the other is Hill’s own request for admissions and production of
documents.
APPEAL DISMISSED; ALL MOTIONS DENIED
2