William Oliver v. Bankfirst, No. 09-60672 (5th Cir. 2010)

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Case: 09-60672 Document: 00511293671 Page: 1 Date Filed: 11/15/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-60672 Summary Calendar November 15, 2010 Lyle W. Cayce Clerk WILLIAM H. OLIVER, Plaintiff - Appellant v. BANKFIRST; BILL SKINNER, Defendants - Appellees Appeal from the United States District Court for the Southern District of Mississippi USDC No. 4:09-CV-29 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* William H. Oliver moves for leave to proceed in forma pauperis (IFP) on appeal following the dismissal of his claims against the two defendants in his civil action. This Court must examine the basis of its jurisdiction, on its own motion, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987)(citation omitted). Defendant Bill Skinner s counterclaim against Oliver remains pending in the district court; we therefore lack jurisdiction over Oliver s appeal. See 28 U.S.C. §§ 1291, 1292(a), (b); F ED. R. C IV. P. 54(b). IFP DENIED. APPEAL DISMISSED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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