McCallan v. Wilkins

2018 WL 1384107, __ F.Supp.3d __ (M.D. Ala. Mar. 19, 2018) (W. Keith Watkins, Chief U.S. District Judge). The U.S. District Court for the Middle District of Alabama dismisses McCallan's appeal from a U.S. Bankruptcy Court for the Middle District of Alabama order continuing McCallan's incarceration based on an earlier finding of civil contempt of court for McCallan's willful failure to comply with previous orders compelling post-judgment discovery. Having been incarcerated for contempt on October 23, 2017, McCallan sought review by the district court contending the order of continuing incarceration was a final appealable order or that he should be granted a permissive emergency appeal from an interlocutory order. The district court granted the bankruptcy trustee's motion to dismiss for lack of jurisdiction, denied McCallan's motion for leave to file an interlocutory appeal, and denied McCallan's emergency motion to expedite the appeal.