Chancey v. BASF, No. 22-40442 (5th Cir. 2022)

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Case: 22-40442 Document: 00516575990 Page: 1 Date Filed: 12/13/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 13, 2022 No. 22-40442 Lyle W. Cayce Clerk Brian Chancey, Plaintiff—Appellant, versus BASF, Defendant—Appellee. Appeal from the United States District Court for the Southern District of Texas USDC No. 3:22-CV-34 Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam:* Brian Chancey appeals the district court’s denial of his motion to appoint a special master over his suit against his employer, BASF. We dismiss for lack of appellate jurisdiction. Federal appellate courts have jurisdiction over appeals only from (1) a final decision under 28 U.S.C. § 1291; (2) a decision that has been deemed or certified as final; or (3) an appealable interlocutory order under * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40442 Document: 00516575990 Page: 2 Date Filed: 12/13/2022 No. 22-40442 28 U.S.C. § 1292(a). See Askanase v. Livingwell, Inc., 981 F.2d 807, 809–10 (5th Cir. 1993). Here, the “district court’s order is an interlocutory non-final order and cannot be appealed under 28 U.S.C. § 1292.” Teamsters Loc. Unions v. Braswell Motor Freight Lines, 428 F.2d 1371, 1373 (5th Cir. 1970). See also Kearns v. Shillinger, 823 F.2d 399, 400 (10th Cir. 1987) (an “order denying plaintiff’s motion for appointment of a special master is not a final, appealable order”); 9C Wright & Miller, Fed. Prac. & P. § 2615 (“An order of reference to a master under Federal Rule 53 is interlocutory and not appealable given the final judgment rule.”). Accordingly, we dismiss the appeal. This appeal is DISMISSED. 2

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