MONTALTO v. MISSISSIPPI DEPARTMENT OF CORRECTIONS (2020)

United States Court of Appeals, Fifth Circuit.

Stephen Daniel MONTALTO, Petitioner - Appellee v. MISSISSIPPI DEPARTMENT OF CORRECTIONS; Pelicia Hall, Commissioner, Mississippi Department of Corrections, Respondents - Appellants

No. 18-60274

Decided: January 21, 2020

Before DAVIS, HIGGINSON, and WILLETT, Circuit Judges.

Stephen Daniel Montalto, Pro Se. Jerrolyn M. Owens, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Respondents-Appellants. Jason Paul Steed, Kilpatrick Townsend & Stockton, L.L.P., Dallas, TX, for Special Respondent Fifth Circuit Special Respondent.

This panel previously remanded this case to the district court with instructions that “it provide a supplemental order setting forth actual findings, if any,” as to professional misconduct by the attorneys in this case. Montalto v. Miss. Dep’t of Corr., 938 F.3d 649, 658 (5th Cir. 2019). On December 9, 2019, the district court granted the parties’ joint motion to approve their proposed “Agreed Order.” In the “Agreed Order,” the district court clarifies that its “previous order contained no formal findings of professional misconduct and imposed no sanctions on the attorneys or parties involved in this case.”

Because the district court made no “actual finding[s] of professional misconduct,” United States v. El-Mezain, 664 F.3d 467, 579 (5th Cir. 2011), the appeal is DISMISSED.

STEPHEN A. HIGGINSON, Circuit Judge:

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