Lush v. Board of Trustees of Northern Illinois University

Ct. of Appeals lacked jurisdiction to consider Dist. Ct.’s orders that denied plaintiff’s motion to appoint counsel and to seal case file, under circumstances where Dist. Ct. had also granted plaintiff’s motion to voluntarily dismiss instant case. Record showed that: (1) plaintiff filed instant case alleging that defendant-University violated Americans with Disabilities Act when it dismissed him from its law school; (2) plaintiff had previously filed unsuccessful similar state-court actions; (3) Dist. Ct. entered order that observed that claims in instant case were precluded by Rooker-Feldman doctrine and were untimely, where dismissal from law school occurred 16 years earlier; and (4) plaintiff took advantage of Dist. Ct.’s option to have him voluntarily dismiss case to avoid potential sanctions under Rule 11. Plaintiff’s voluntary dismissal did not result in adverse final judgment from which plaintiff could appeal instant interlocutory rulings he wished to challenge. Fact that Dist. Ct. had granted plaintiff’s motion “with prejudice” did not require different result.