Sawyer v. Die, No. 21-10241 (5th Cir. 2021)

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Case: 21-10241 Document: 00516084886 Page: 1 Date Filed: 11/08/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 8, 2021 No. 21-10241 Summary Calendar Lyle W. Cayce Clerk Thomas Sawyer, Plaintiff—Appellant, versus Caryn Die; Tammy Messimer; Daniel A. Lakin; Ruben Sapin; Marcia Odal; Pepper Bradberry, Defendants—Appellees. Appeal from the United States District Court for the Northern District of Texas USDC No. 7:15-CV-92 Before Smith, Higginson, and Willett, Circuit Judges. Per Curiam:* Thomas Sawyer, Texas prisoner # 579557, filed a 42 U.S.C. § 1983 complaint alleging that the defendants used excessive force and were deliberately indifferent to his serious medical needs. He now appeals and * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-10241 Document: 00516084886 Page: 2 Date Filed: 11/08/2021 No. 21-10241 moves to proceed in forma pauperis (IFP). The appellees move to dismiss the appeal for lack of jurisdiction. We have jurisdiction over final decisions and other decisions covered by the collateral order doctrine. See 28 U.S.C. §§ 1291, 1292; Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 103, 106, 116 (2009); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). In this case, no final judgment has been entered and there are no immediately appealable orders. Accordingly, we lack jurisdiction over this appeal. The appellees’ motion to dismiss for lack of jurisdiction is GRANTED. Sawyer’s motion to proceed IFP is DENIED. The appeal is DISMISSED for lack of jurisdiction. 2

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