McClanahan v. Wilson ( 2021 )

Case: 21-30106 Document: 00515928385 Page: 1 Date Filed: 07/07/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
July 7, 2021
No. 21-30106 Lyle W. Cayce
Summary Calendar Clerk
Michael McClanahan; Gary Chambers; Eugene Collins,
Plaintiffs—Appellees,
versus
Scott Wilson,
Defendant—Appellant.
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:17-CV-1720
Before Haynes, Willett, and Ho, Circuit Judges.
Per Curiam:*
Defendant Scott Wilson seeks interlocutory review of the denial of his
motion to dismiss for lack of subject-matter jurisdiction. He contends that we
have appellate jurisdiction under the collateral order doctrine. Generally, we
are limited to reviewing “final decisions of the district courts.” 28 U.S.C.
*
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opinion should not be published and is not precedent except under the limited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: 21-30106 Document: 00515928385 Page: 2 Date Filed: 07/07/2021
No. 21-30106
§ 1291. But under the collateral order doctrine, a district court’s decision is
immediately appealable if it “(1) conclusively determined the disputed
question, (2) resolved an important issue separate from the merits of the case,
and (3) is effectively unreviewable on appeal from a final judgment.” In re
Deepwater Horizon, 793 F.3d 479, 484 (5th Cir. 2015) (citing Will v. Hallock,
546 U.S. 345, 349 (2006)). The doctrine is narrow. Indeed, the Supreme
Court “has repeatedly stressed that the conditions for appeal under the
collateral order doctrine are ‘stringent.’” Id. This case fails to satisfy the
third condition because “[t]he question of subject matter jurisdiction is far
from unreviewable on appeal from a final judgment.” Matter of Greene Cnty.
Hosp., 835 F.2d 589, 596 (5th Cir. 1988).
IT IS ORDERED that this appeal is DISMISSED for lack of
jurisdiction.
2