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Roger, Attorney
Category: Legal
Satisfied Customers: 31230
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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The district judge dismissed my federal civil suit with prejudice. I

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The district judge dismissed my federal civil suit with prejudice.
I am having to act pro se. The Miami bar even refused to refer me to a lawyer.
I'm apparently under patriot act type FBI supervision and have no attorney client privilege.

I'm trying to appeal.
Rule 3 and 4 of the appellate procedure talks about appealing as a right.
Rule 5 talks about appealing when the appeal is within the discretion of the appellate court.
How do I tell if I have an automatic right to appeal, assuming that is what rules 3 and 4 are referring to, and how would I know if my case falls under the discretion of the appellate court.

Thank You
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Generally, only actions of a district court judge that terminates litigation, or which involves a grant or denial of injunctive relief are appealable to a court of appeals as of RIGHT. See In re La Providencia Dev. Corp., 515 F2d 94.

Thus, if your case was dismissed with prejudice, then you have a right to appeal since your case has been terminated by the trial court with its order.
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