Ronald Effoua v. JBS

Ronald Effoua v. JBS

Plaintiff:	RONALD EFFOUA
Defendant:	JBS, also known as SWIFT PORK COMPANY
Case Number:	26-1901
Filed:	April 27, 2026
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Jobs

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This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 29, 2026	Filing 2 ORDER: A preliminary review of the short record suggests that the order appealed from may not yet be a final appealable decision within the meaning of 28 U.S.C. 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district courts civil docket pursuant to Rule 58 of the Federal Rules of Civil Procedure. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266, 267 (7th Cir. 1988). In this case, the district court has not entered a final judgment under Rule 58. In its April 13, 2026, orderwhich appellant seeks to appealthe district court dismissed appellants complaint but gave him leave to amend his complaint and warned that failure to file an amended complaint by May 4, 2026, will lead to the court entering judgment dismissing the case with prejudice. The dismissal of a complaint with leave to amend is not typically a final judgment, e.g., Furnace v. Bd. of Trustees of S. Illinois Univ., 218 F.3d 666, 669 (7th Cir. 2000), though once the deadline to amend has passed without action, the order may become final. See Shott v. Katz, 829 F.3d 494, 496 (7th Cir. 2016). Additionally, a preliminary review of the short record suggests that this appeal duplicates an appeal filed on April 21, 2026, and docketed in this court as Appeal No. 26-1837. A party needs only one appeal from any given judgment or order, and the other should be dismissed. Grunt Style LLC v. TWD, LLC, 140 F.4th 839, 845 (7th Cir. 2025); Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994). Appellant should stop filing repetitive and premature notices of appeal challenging the district courts currently non-final April 13, 2026, decision. Accordingly, proceedings in this appeal are SUSPENDED pending the May 4, 2026, deadline for appellant to file an amended complaint in the district court. Appellant shall file in this court, on or before May 11, 2026, a brief memorandum addressing whether he has sought to amend his complaint in the district court and if he has, why this appeal should not be dismissed for lack of jurisdiction. If he has not, then the memorandum must explain why this appeal should not be dismissed as unnecessary. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. JXK [2] [7521660] [26-1901] (FP) [Entered: 04/29/2026 12:15 PM]
April 27, 2026	Filing 1 Private civil case docketed. IFP pending in the District Court. Transcript information sheet due by 05/11/2026. Docketing Statement due for Appellant Ronald Effoua by 05/01/2026. [1] [7521347] [26-1901] (AD) [Entered: 04/28/2026 02:07 PM]

Date Filed

Document Text

April 29, 2026

Filing 2 ORDER: A preliminary review of the short record suggests that the order appealed from may not yet be a final appealable decision within the meaning of 28 U.S.C. 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district courts civil docket pursuant to Rule 58 of the Federal Rules of Civil Procedure. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266, 267 (7th Cir. 1988). In this case, the district court has not entered a final judgment under Rule 58. In its April 13, 2026, orderwhich appellant seeks to appealthe district court dismissed appellants complaint but gave him leave to amend his complaint and warned that failure to file an amended complaint by May 4, 2026, will lead to the court entering judgment dismissing the case with prejudice. The dismissal of a complaint with leave to amend is not typically a final judgment, e.g., Furnace v. Bd. of Trustees of S. Illinois Univ., 218 F.3d 666, 669 (7th Cir. 2000), though once the deadline to amend has passed without action, the order may become final. See Shott v. Katz, 829 F.3d 494, 496 (7th Cir. 2016). Additionally, a preliminary review of the short record suggests that this appeal duplicates an appeal filed on April 21, 2026, and docketed in this court as Appeal No. 26-1837. A party needs only one appeal from any given judgment or order, and the other should be dismissed. Grunt Style LLC v. TWD, LLC, 140 F.4th 839, 845 (7th Cir. 2025); Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994). Appellant should stop filing repetitive and premature notices of appeal challenging the district courts currently non-final April 13, 2026, decision. Accordingly, proceedings in this appeal are SUSPENDED pending the May 4, 2026, deadline for appellant to file an amended complaint in the district court. Appellant shall file in this court, on or before May 11, 2026, a brief memorandum addressing whether he has sought to amend his complaint in the district court and if he has, why this appeal should not be dismissed for lack of jurisdiction. If he has not, then the memorandum must explain why this appeal should not be dismissed as unnecessary. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. JXK [2] [7521660] [26-1901] (FP) [Entered: 04/29/2026 12:15 PM]

April 27, 2026

Filing 1 Private civil case docketed. IFP pending in the District Court. Transcript information sheet due by 05/11/2026. Docketing Statement due for Appellant Ronald Effoua by 05/01/2026. [1] [7521347] [26-1901] (AD) [Entered: 04/28/2026 02:07 PM]

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Plaintiff: RONALD EFFOUA
Represented By:	Ronald Effoua
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Defendant: JBS, also known as SWIFT PORK COMPANY
Represented By:	Charlotte McEwen
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