Summary Calendar NEDAL OTHMAN v. Michael Chertoff, Secretary, Department of Homeland Security

08-20034Court of Appeals for the Fifth CircuitJul 1, 2008

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* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-20034
Summary Calendar
NEDAL OTHMAN
Plaintiff-Appellant
v.
MICHAEL CHERTOFF, SECRETARY, DEPARTMENT OF HOMELAND
SECURITY; EMILIO GONZALEZ; SHARON HUDSON; ROBERT
MUELLER
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
(07-MC-532)
Before STEWART, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Nedal Othman appeals the district court’s December 13, 2007, order
denying his requests for entry of final judgment and attorney’s fees. The district
court did not enter a separate document pursuant to Federal Rule of Civil
United States Court of Appeals
Fifth Circuit
F I L E D
July 1, 2008
Charles R. Fulbruge III
Clerk

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No. 08-20034
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Procedure 58, nor is it otherwise clear that the district court’s order is a final
judgment in this matter.
While neither party raises this issue, we have an obligation to satisfy
ourselves as to our own jurisdiction. Energy Mgmt. Corp. v. City of Shreveport,
397 F.3d 297, 301 n.2 (5th Cir. 2005). We conclude that we should order a
limited remand to allow the district court to indicate whether the order of
December 13, 2007, was intended to be the final judgment in this case, and if
not, for the court to determine whether or not it now will enter a final judgment.
IT IS ORDERED that a limited remand occur for the district court to enter
an order or judgment as indicated. Proceedings on this appeal are stayed
pending the receipt of the district court’s order or other response.
REMANDED for proceedings consistent with this order.

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