Legal Opinion

Barber v. Shinseki

Court of Appeals for the Fifth Circuit

Decided June 28, 2011No. 11-30147PublishedCited by 2 opinions

1Per curiam

William L. Barber, Jr., appeals, inter alia, the magistrate judge’s electronic order dismissing his case. For the reasons that follow, we hold that the order is not a final judgment. We therefore lack jurisdiction and DISMISS Barber’s appeal.

I

On November 7, 2006, Dr. Eugene Balthazar performed a colonoscopy on William L. Barber, Jr. at the Veterans Affairs Medical Center in Alexandria, Louisiana. According to Barber, the procedure went badly awry, and he was forced to undergo emergency surgery the next day. Barber further claims that he was hospitalized until July 29, 2007.

On May 18, 2010,…

2Cases cited2 opinions

  1. John Donaldson v. Richard DucoteCourt of Appeals for the Fifth Circuit · 2004
  2. Henry Theriot, Jr. v. Asw Well Service, Inc. v. Sontheimer Offshore Catering Co., Inc.Court of Appeals for the Fifth Circuit · 1992

3Cited by2 opinions

  1. Barber v. SHINSEKICourt of Appeals for the Fifth Circuit · 2011
  2. Barber v. SHINSEKICourt of Appeals for the Fifth Circuit · 2011

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