Unpublished Dispositionroscoe W. Fields, Sr. Plaintiff-appellant, v. James L. Cox; Susan Shanks; Leta Burgess; Melinda Disney;robert Weismueller, Defendants-appellees,joe Fowler; Carl Hill, Defendants, 880 F.2d 414 (6th Cir. 1989)

Before KENNEDY and KRUPANSKY, Circuit Judges and WENDELL A. MILES, Senior District Judge^* .

ORDER

This matter is before the court upon consideration of the appellees' motion to dismiss the appeal for lack of jurisdiction on the basis that the appeal was taken from a nonappealable order.

A review of the record indicates that the 42 U.S.C. § 1983 civil rights complaint named seven defendants. Appellant appealed on January 26, 1989, from the December 27, 1988, order dismissing five of the seven defendants. The district court action remains pending as to defendants Fowler and Hill.

Absent a Fed. R. Civ. P. 54(b) certification, an order disposing of fewer than all the claims or parties involved in the action is not appealable. Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 742-45 (1976); Solomon v. Aetna Life Ins. Co., 782 F.2d 58, 59-60 (6th Cir. 1986). No 54(b) certification was made in the instant case. The final decision of the district court has not been entered during the pending of this appeal; therefore, this court lacks jurisdiction. See Gillis v. Department of HHS, 759 F.2d 565, 569 (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.