Christine Bernat v. New Jersey Department of Corre , 691 F. App'x 63 ( 2017 )


Menu:
  •                        UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    _____________
    No. 16-2536
    _____________
    CHRISTINE BERNAT,
    Appellant
    v.
    STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS; WILLIAM HAUCK,
    administrator of the Edna Mahan Correctional Facility for Women; ERICK MELGAR,
    all individually and in their capacity as a current and/or State Correctional Officer;
    JANETTE BENNETT, all individually and in their capacity as a current and/or former
    State Correctional Officer; ALFRED E. SMALLS, all individually and in their capacity
    as a current and/or former State Correctional Officer; JEFFREY S. ELLIS, all
    individually and in their capacity as a current and/or former State Correctional Officer;
    LANCE K. JOHNSON, all individually and in their capacity as a current and/or former
    State Correctional Officer; JOHN DOE 1-10; JOHN DOE ENTITY 1-10
    _____________
    On Appeal from the United States District Court
    for the District of New Jersey
    (D.C. No. 12-cv-02649)
    District Judge: Honorable Michael A. Shipp
    _____________
    Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
    June 8, 2017
    Before: CHAGARES, VANASKIE, and FUENTES Circuit Judges.
    (Filed June 20, 2017)
    ____________
    JUDGMENT ORDER
    ____________
    Following the District Court’s grant of summary judgment on October 28, 2015 as
    to defendants State of New Jersey Department of Correction, William Hauck, Jeffrey S.
    Ellis, and Lance K. Johnson and entries of stipulations of dismissal as to defendants
    Alfred E. Smalls and Erick Melgar on April 19, 2016, plaintiff Christine Bernat filed this
    appeal.
    Bernat requested entry of default against defendant Jannette Bennett earlier in the
    litigation, on October 24, 2013. The clerk entered default as to Bennett the following
    day. However, no default judgment was ever entered as to Bennett.
    This Court requested supplemental briefing from the parties. The parties agreed
    that final judgment had not been entered against Bennett. Counsel for appellees also
    argued that the stipulations of dismissal as to Smalls and Melgar were not with prejudice
    and thus also do not constitute final judgments.
    Having reviewed the record below, the Court agrees that there is no final judgment
    as to Bennett and, thus, this Court lacks jurisdiction under 
    28 U.S.C. § 1291
     and will
    dismiss the appeal on that basis. The Court declines to make a ruling as to the finality of
    the claims against Smalls and Melgar as it is not necessary for the dismissal at this time.
    Accordingly, it is hereby ORDERED and ADJUDGED by this Court that this appeal is
    dismissed for lack of jurisdiction. The parties are to bear their own costs.
    BY THE COURT:
    s/Michael A. Chagares
    Circuit Judge
    ATTEST:
    s/ Marcia M. Waldron
    Clerk
    Dated: June 20, 2017
    

Document Info

Docket Number: 16-2536

Citation Numbers: 691 F. App'x 63

Filed Date: 6/20/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023