Stephen Montalto v. MS Department of Corrections,

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-60274

STEPHEN DANIEL MONTALTO,

Petitioner - Appellee

v.

MISSISSIPPI DEPARTMENT OF CORRECTIONS; PELICIA HALL,
COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS,

Respondents - Appellants

Appeal from the United States District Court
for the Southern District of Mississippi

Before DAVIS, HIGGINSON, and WILLETT, Circuit Judges.
STEPHEN A. HIGGINSON, Circuit Judge:
This panel previously remanded this case to the district court with
instructions that “it provide a supplemental order setting forth actual findings,
if any,” as to professional misconduct by the attorneys in this case. Montalto
v. Miss. Dep’t of Corr., 938 F.3d 649, 658 (5th Cir. 2019). On December 9, 2019,
the district court granted the parties’ joint motion to approve their proposed
“Agreed Order.” In the “Agreed Order,” the district court clarifies that its
“previous order contained no formal findings of professional misconduct and
imposed no sanctions on the attorneys or parties involved in this case.”
United States Court of Appeals
Fifth Circuit
FILED
January 21, 2020

Lyle W. Cayce
Clerk
Case: 18-60274 Document: 00515278853 Page: 1 Date Filed: 01/21/2020

No. 18-60274
2
Because the district court made no “actual finding[s] of professional
misconduct,” United States v. El-Mezain, 664 F.3d 467, 579 (5th Cir. 2011), the
appeal is DISMISSED.
Case: 18-60274 Document: 00515278853 Page: 2 Date Filed: 01/21/2020