Linzay v. Henderson, 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 28, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30161
Summary Calendar
STEPHEN R. LINZAY,
Plaintiff-Appellant,
versus
WILLIAM J. HENDERSON; U.S. POSTAL SERVICE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-cv-938
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Before HIGGINBOTHAM, DENNIS, and PICKERING Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Stephen R. Linzay brought suit against
defendant-appellees alleging, inter alia, claims under Title VII of
the Civil Rights Act, 42 U.S.C. § 20005 et seq., and the Family and
Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq.. The district
court granted defendants’ motion for summary judgment dismissing
Linzay’s Title VII claims on their merits. On January 20, 2004,

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No. 04-30161
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the district court conditionally dismissed Linzay’s FMLA claims and
closed the case, subject to reopening the case if the parties did
not consummate a settlement of those FMLA claims. Linzay appeals
solely the district court’s summary judgment of his Title VII
claims.
On April 9, 2004, the district court reopened this case upon
information that the parties had not settled their FMLA claims.
The case is currently open and being litigated in the district
court. Because this case is still being actively litigated in the
district court, the district court has not yet issued a “final
decision,” and we must dismiss this appeal for lack of appellate
jurisdiction. See 28 U.S.C. § 1291; Way v. Reliance Ins. Co., 815
F.2d 1033, 1033-34 (5th Cir. 1987).
DISMISSED

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