USCA11 Case: 20-12685 Date Filed: 10/13/2021 Page: 1 of 4
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 20-12685
Non-Argument Calendar
____________________
STEVEN CLAYTON THOMASON,
Petitioner-Appellant,
versus
STATE OF ALABAMA HOME BUILDERS LICENSURE BOARD,
Respondent,
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2 Opinion of the Court 20-12685
ATTORNEY GENERAL, STATE OF ALABAMA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket Nos. 2:19-cv-00160-MHT-CSC
____________________
Before JILL PRYOR, LUCK, and ANDERSON, Circuit Judges.
PER CURIAM:
Steven Thomason appeals the district court’s denial of his
Fed. R. Civ. P. 52(c) motion and his motion to reconsider in his
28
U.S.C. § 2254 proceedings, which resulted in his § 2254 petition be-
ing dismissed for lack of subject-matter jurisdiction. He argues that
the district court erred in denying his Rule 52(c) motion because he
alleged sufficient facts in his § 2254 petition that would allow the
district court to make partial findings necessary to find that he was
entitled to habeas relief.
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20-12685 Opinion of the Court 3
“Whether a petitioner is in custody pursuant to the judg-
ment of a State court is a jurisdictional question” we review de
novo. Diaz v. State of Fla. Fourth Jud. Cir. ex rel. Duval Cty.,
683
F.3d 1261, 1263 (11th Cir. 2012) (quotation marks omitted). Where
we have jurisdiction, we review the district court’s denial of a mo-
tion for entry of Rule 52(c) final judgment for an abuse of discre-
tion. See In re Fisher Island Inv., Inc.,
778 F.3d 1172, 1198 (11th
Cir. 2015) (noting court’s discretion in deciding whether to grant
Rule 52(c) motion).
Rule 52(c) provides as follows:
If a party has been fully heard on an issue during a
nonjury trial and the court finds against the party on
that issue, the court may enter judgment against the
party on a claim or defense that, under the controlling
law, can be maintained or defeated only with a favor-
able finding on that issue. The court may, however,
decline to render any judgment until the close of the
evidence. A judgment on partial findings must be
supported by findings of fact and conclusions of law
as required by Rule 52(a).
Fed. R. Civ. P. 52(c).
Here, the district court did not err or otherwise abuse its dis-
cretion in denying Thomason’s Rule 52(c) motion or the motion
for reconsideration. There was never a bench trial or judicial fact-
finding necessary for the district court to make a judgment on
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4 Opinion of the Court 20-12685
partial findings. Thomason was not entitled to the district court
using the Rule 52(c) motion to revisit his claims in his § 2254 peti-
tion or to any other relief via that motion because the district court
dismissed the petition for lack of subject-matter jurisdiction.
AFFIRMED.
