Lewis Brown, et al v. Dennis Quinn, et al
| JEROME Z. MACE, (In their individual and official capacities), DENNIS QUINN, (In their individual and official capacities) and RYAN VAN SYCKLE, (In their individual and official capacities) |
| LEWIS C. BROWN and JEROME Z. MACE |
| NJSP/DGE DENNIS QUINN, RYAN VAN SYCKLE, (Pleasantville Police Dept.) and CITY OF PLEASANTVILLE, (In their individual and official capacities) |
| 22-1054 |
| January 11, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 7
ORDER (JORDAN, RESTREPO and SCIRICA, Circuit Judges) The foregoing appeal is dismissed for lack of jurisdiction as the order appealed is not final and appealable. As a general rule, we may hear appeals only from final orders of the District Court. See 28 U.S.C. Section: 1291. A final order ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. Weber v. McGrogan, 939 F.3d 232, 236 (3d Cir. 2019). The order appealed denied Appellant's motion for default judgment, vacated the entry of default, and granted Appellant additional time to effectuate proper service. Because the order did not end the litigation on the merits, it did not constitute a final appealable order, and we lack jurisdiction to review it. See Murphy v. Helena Rubinstein Co., 355 F.2d 553, 553 (3d Cir. 1965) (per curiam) (holding that an order vacating a default judgment is not final within the meaning of 28 U.S.C. Section: 1291). Panel No.: ALD-120. RESTREPO, Authoring Judge. (DW) [Entered: 04/14/2022 09:33 AM]
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| Filing 6 RESPONSE on behalf of Appellee Jerome Z Mace to Legal Division letter advising of possible dismissal due to jurisdictional defect [ # 3 ]. Certificate of Service dated 03/16/2022. Service made by ECF.--[Edited 04/07/2022 by DW] (DW) [Entered: 03/16/2022 11:21 AM] |
| Filing 5 RESPONSE on behalf of Appellant Lewis C. Brown to Legal Division Letter advising of possible dismissal due to jurisdictional defect. Certificate of Service dated 02/03/2021. Service made by US mail. (DW) [Entered: 02/16/2022 01:39 PM] |
| Filing 4 COPY OF ORDER OF DISTRICT COURT granting application to proceed in forma pauperis dated 01/12/2022 signed by Christine P. O'Hearn. (DW) [Entered: 01/21/2022 05:09 PM] |
| Filing 3 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (ZM) [Entered: 01/20/2022 02:00 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (DW) [Entered: 01/11/2022 03:20 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Lewis C. Brown in District Court No. 1-20-cv-07002. (DW) [Entered: 01/11/2022 03:06 PM] |
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