Leslie J. Davis, Jr. v. Brad Livingston, Bryan Collier, Matt Gross, Kevin Wheat, and Billy Reeves

No. 16-40732 · United States Court of Appeals for the Fifth Circuit · June 29, 2017 · No. No. 16-40732

Summary

The Fifth Circuit dismissed Leslie J. Davis, Jr.'s appeal for lack of jurisdiction because the district court's transfer order under 28 U.S.C. § 1404(a) was nonfinal. The court stated that a petition for writ of mandamus was the appropriate means to challenge the transfer and denied Davis's motion to hold the defendants in contempt.

Holdings

  1. The Fifth Circuit lacked jurisdiction to review the non-final transfer order through a direct appeal.
  2. The motion for an order holding the defendants in contempt was denied.

Questions Presented

  1. Whether the Fifth Circuit had jurisdiction to review the district court's non-final transfer order under 28 U.S.C. § 1404(a).
  2. Whether the appeal should be dismissed and Davis's motion for a contempt order denied.

Disposition

dismissed

Cases Cited (2)

  • In re Volkswagen of Am., Inc., 545 F.3d 304, 319 (5th Cir. 2008) (en banc)(followed)
  • Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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