Michael Kitchen v. Daniel Heyns
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
At stake is a matter of first impression: Do we have appellate jurisdiction over an appeal from a Civil Rule 21 order dismissing some but not all of the defendants in a lawsuit? Consistent with the other circuits that have addressed the issue, we conclude that we do not. The appeal is dismissed for lack of jurisdiction.
Michael Kitchen filed a pro se lawsuit against twenty-two Michigan Corrections Officers, alleging constitutional violations stemming from the officers’ conduct at two prisons. He encountered seven defendants in one prison and thirteen in another,…
2Cases cited16 opinions
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Spencer, White & Prentis Incorporated of Connecticut v. Pfizer IncorporatedCourt of Appeals for the Second Circuit · 1974
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- DirecTV, Inc. v. LetoCourt of Appeals for the Third Circuit · 2006
- In Re LennonSupreme Court of the United States · 1897
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3Cited by14 opinions
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- Edge, Jr. v. Rice Drilling D, LLCDistrict Court, S.D. Ohio · 2025
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