Unpublished Dispositionernest Templeton, Plaintiff-appellant, v. Herbert Grinage; George Graham; Ian Mclauchlan; Beverlynettles; Stan Morrow; and Steven Brown, Defendants.ian Mclauchlan; Beverly Nettles Stan Morrow; and Stevenbrown, Defendants- Appellees, 815 F.2d 706 (6th Cir. 1987)

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U.S. Court of Appeals for the Sixth Circuit - 815 F.2d 706 (6th Cir. 1987) March 25, 1987

Before KRUPANSKY, NELSON and BOGGS, Circuit Judges.


ORDER

On November 24, 1986, the district court entered an order which dismissed four of six defendants in this prisoner civil rights action. On December 2, 1986, appellant filed a notice of appeal therefrom. Because the order of November 24, 1986, dismissed fewer than all the defendants, and because it lacks the requisite certification of Rule 54(b), Federal Rules of Civil Procedure, the order is not appealable. The action is pending in district court as to the two remaining defendants and this Court is therefore deprived of jurisdiction. Compare Gillis v. Dep't of Health and Human Services, 759 F.2d 565 (6th Cir. 1985).

Accordingly, this appeal is dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.

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