Akers v. Gutierrez
Docket: No. 2008-1389
Court: Court of Appeals for the Federal Circuit; July 18, 2008; Federal Appellate Court
Geoffrey R. Akers responded to a court order regarding his appeal, which the appellees moved to dismiss for lack of jurisdiction. Akers opposed this motion. He had filed a complaint alleging age discrimination, sex discrimination, and retaliation. On April 29, 2008, the United States District Court for the Eastern District of Virginia indicated it would grant the defendants’ motion for summary judgment, but no final judgment had been entered. Akers filed a notice of appeal on May 29, 2008, seeking review by the court. The court determined that the appeal was premature, as it lacked jurisdiction due to the absence of a final judgment in the district court, referencing 28 U.S.C. 1295. The court also declined to transfer the appeal to the United States Court of Appeals for the Fourth Circuit under 28 U.S.C. 1631. The order granted the motion to dismiss, with each party bearing its own costs.