Unpublished Dispositionlenora Daugherty, Plaintiff-appellee, v. Donal Campbell, Individually and As Employee of Tennesseedept. of Corrections, Defendant-appellant,alton R. Hesson; Robert W. Starbuck; Funderburk; Rita A.starbuck; Kevin W. Daniels; Bobby L. Chessor,individually and As Employees of Thetennessee Department Ofcorrections, Defendants, 887 F.2d 265 (6th Cir. 1990)

ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the documents before the court indicates that appellant appealed from the district court's partial dismissal entered June 15, 1989. That order reserved judgment on the automobile search issue pending a report and recommendation by the magistrate.

This court lacks jurisdiction to consider the appeal. 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 Rule 54(b) certification was made in the instant case. 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. United States Dep't of HHS, 759 F.2d 565, 568-69 (6th Cir. 1985).

It is ORDERED that the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.