Appellate Court lacked jurisdiction to consider plaintiff-prisoner’s interlocutory appeal of Dist. Ct. orders granting certain defendants’ motion for summary judgment and granting another defendant’s motion for judgment on pleadings. Record showed that plaintiff's section 1983 action was still pending with respect to two other defendants, and although Dist. Ct. had granted plaintiff’s motion for Rule 54(b) judgment, so as to confer jurisdiction on Appellate Court with respect his appeal of Dist. Ct.’s orders on summary judgment and judgment on pleadings motions, said motion was improperly granted, since said Rule 54(b) motion was untimely, because it was filed more than 30 days after entry of orders that were subject of instant appeal. Ct. further noted that plaintiff had failed to show existence of extreme hardship that would have excused instant delay.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction