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
- The Fifth Circuit lacked jurisdiction to review the non-final transfer order through a direct appeal.
- The motion for an order holding the defendants in contempt was denied.
Questions Presented
- Whether the Fifth Circuit had jurisdiction to review the district court's non-final transfer order under 28 U.S.C. § 1404(a).
- 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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