Free USCA Order Terminating Appeal - District Court of Delaware - Delaware

Case 1:07-cv-00687-GMS

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ALD-111

January 25, 2008\

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 07-4692 DENNIS SHIPMAN VS. STATE OF DELAWARE, ET AL. (D. DEL. CIV. NO. 07-CV-00687)

Present:

SLOVITER, FISHER AND HARDIMAN, CIRCUIT JUDGES. Submitted are: (1) (2) By the Clerk for possible dismissal due to a jurisdictional defect; By the Clerk for possible summary action under 3rd Cir. LAR 27.4 and Chapter 10.6 of the Court's Internal Operating Procedures; and Appellant's response

(3)

in the above-captioned case. Respectfully,

Clerk MMW/MCF/ch ORDER The foregoing appeal is dismissed because the Court lacks jurisdiction to review the District Court's order at this time. Under 28 U.S.C. § 1291, this Court generally has jurisdiction only over decisions of the district courts which "end[] the litigation on its merits and leave[] nothing for the court to do but execute the judgment." Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 375 (1987) (citation omitted). The District Court's November 21, 2007 order did not rule on the merits of any of appellant's

Case 1:07-cv-00687-GMS

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claims and did not end the litigation. The order is not presently appealable under 28 U.S.C. § 1292(a)(1) because it does not grant or deny any of the substantive relief sought in appellant's complaint or constitute a ruling on the merits of any of his substantive claims. See, e.g., Robinson v. Lehman, 771 F.2d 772, 782 (3d Cir. 1985) (an order denying a motion for a TRO is not appealable if it does not effectively decide the merits or is not the equivalent to the dismissal of a claim); In re Pressman-Gutman Co., 459 F.3d 383, 392 (3d Cir. 2006) (holding that this Court lacked jurisdiction of an appeal under § 1292(a)(1) where "the district court has not granted or denied all or part of the substantive relief sought by any party in this action"); Rodgers v. United States Steel Corp., 541 F.2d 365, 373 (3d Cir. 1976) ("An order incidental to a pending action that does not grant all or part of the ultimate injunctive relief sought by the claimant, that is unrelated to the substantive issues in the action and that merely continues the case is not appealable under section 1292(a)(1).").

By the Court,

/s/ Dolores K. Sloviter Circuit Judge Dated: January 30, 2008 CH/cc: Mr. Dennis Shipman Judy O. Hodas, Esq.
A True Copy :

Marcia M . Waldron, Clerk

Case 1:07-cv-00687-GMS
MARCIA M. WALDRON
CLERK

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OFFICE OF THE CLERK

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TELEPHONE 215-597-2995

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT 21400 UNITED STATES COURTHOUSE 601 MARKET STREET PHILADELPHIA 19106-1790

Clerk of District Court ( District of Delaware) Shipman vs. State of Delaware, et al (Caption) Dennis Shipman ( Appellant) 07-cv-00687 ( DC Docket No.) Enclosures:

Date January 30, 2008

Appeal No.

07-4692

January 30, 2008

Certified copy of C. of A. Order filed by the Court.

Copy of this form to acknowledge receipt and return to C. of A.

Carolyn Hicks (267)-299-4926 Deputy Clerk Telephone Number Receipt Acknowledge:

(Name)

(Date)

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