Unpublished Dispositionkhalil-ullah Al-muhaymin, Plaintiff-appellant, v. Stephen Norris, Commissioner of Corrections, et al.,defendants-appellees, 843 F.2d 1390 (6th Cir. 1988)

Before LIVELY, Chief Judge, RALPH B. GUY, Jr., Circuit Judge, and AVERN COHN, District Judge.^* 

ORDER

This matter is before the court upon consideration of the appellees' motion to dismiss the appeal for lack of jurisdiction. The appellant has failed to respond.

A review of the record indicates that the district court entered an order on July 10, 1987, dismissing all the claims except as to the issue of racial discrimination in housing assignment. Appellant has appealed from the July 10, 1987, order.

This court lacks jurisdiction in the appeal. Absent a Fed. R. Civ. P. 54(b) certification, an order disposing of fewer than all the claims or parties is not appealable. Liberty Mutual Ins. Co. v. Aetna Life Ins. Co., 782 F.2d 58, 59 (6th Cir. 1986). No Rule 54(b) certification was made in the instant appeal. The final decision of the district court has not been entered during the pendency of this appeal; therefore, this court lacks jurisdiction. See Gillis v. Department of HHS, 759 F.2d 565 (6th Cir. 1985).

It is ORDERED that the motion to dismiss be granted and the appeal be and hereby is dismissed. Rule 8, Rules of the Sixth Circuit.