Sedam v. Air Temp Refrig, et al

* Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10781
Summary Calendar
TOMMY ALAN SEDAM, SR.,
Plaintiff-Appellant,
versus
AIR TEMP REFRIGERATION; BROWNWOOD ECONOMICAL
DEVELOPMENT; EDWARD RASPILLER; Texas State
Technical College, former Dean; CLAY G. JOHNSON,
PhD, Former President; BROWNWOOD CITY POLICE
DEPARTMENT; WAYLON PATERSON, Owner Air Temp
Refrigeration; CITY OF BROWNWOOD; JAMES R CAMPBELL,
Director Brownwood Economical Development Co.;
BRUCE SPRUILL, Officer,
Defendants-Appellees.
____________________
TOMMY ALAN SEDAM, SR.,
Plaintiff-Appellant,
versus
TEXAS STATE TECHNICAL COLLEGE,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No.6:00-CV-97-C
USDC No. 6:00-CV-98-C
--------------------
March 12, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*

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No. 01-10781
-2-
The motion of Tommy Alan Sedam, Sr., for leave to proceed in
forma pauperis (IFP) is DENIED. The motion of appellees Texas
State Technical College, Edward Raspiller, and Clay G. Johnson
for dismissal of Sedam’s appeal as it relates to them is GRANTED.
We lack jurisdiction over Sedam’s appeal as to those three
appellees and as to the City of Brownwood, Brownwood Economical
Development, the Brownwood City Police Department, James
Campbell, and Officer Bruce Spurill. Sedam failed to file timely
notices of appeal following the judgments entering final judgment
as to those appellees. See Kelly v. Lee’s Old Fashioned
Hamburgers, Inc., 908 F.2d 1218, 1220 (5th Cir. 1990)(en banc);
FED. R. CIV. P. 54(b). A timely notice of appeal is a
prerequisite for the exercise of jurisdiction by this court.
United States v. Carr, 979 F.2d 51, 55 (5th Cir. 1992).
We also lack jurisdiction to address whether the magistrate
judge erred by transferring Sedam’s district-court cases to the
Northern District of Texas. Sedam did not appeal the magistrate
judge’s orders to the district court. Trufant v. Autocon, Inc.,
729 F.2d 308, 309 (5th Cir. 1984).
Sedam does not brief whether he served Air Temp
Refrigeration and Waylon Peterson properly in the district court.
The district court first denied Sedam’s requests for a default
and a default judgment, then dismissed Sedam’s claims without
prejudice for failure to serve Air Temp and Peterson properly.
Sedam has failed to brief the sole relevant issue for appeal.
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744,
748 (5th Cir. 1987).

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No. 01-10781
-3-
APPEAL DISMISSED. 5TH CIR. R. 42.2.

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