CA1: The clerk was trigger-happy on judgments

Diaz-Reyes v. Fuentes-Ortiz, No. 06-1179.  This case starts out like a garden-variety Puerto Rican political discrimination case.  It gets appealed.  But rather than get to the merits, the First takes a look at the proceedings and notices that the clerk entered a judgment, "pursuant to Fed. R. Civ. P. 58, two weeks after the district court issued the order allowing the defendants' motion to dismiss."  But, "a review of the district court's order reveals that the court did not intend this order to be a final judgment disposing of the litigation. The order stated that the Title VII claims against the Comptroller defendants were dismissed only to the extent that they asserted individual capacity claims."  Moreover, the defendants didn't move to dismiss the claims made against the people in their official capacity, nor did the defendants make such a move.  Therefore, there was no real judgement on such claims, therefore the the First lacks jurisdiction under 28 U.S.C. § 1291.