Unpublished Dispositionralph Leon Jackson, Plaintiff-appellant, v. James F. Dowling; Richard Mace; Gary Pheley; Kathy L.herkelmann; Gerald E. Kahler; Roy Roberts;general Motors Corporation; Generalmotors Legal Office,defendants-appellees, 898 F.2d 154 (6th Cir. 1990)

Before KENNEDY and RYAN, Circuit Judges, and GEORGE C. SMITH, District Judge^* .

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 record indicates that the district court filed on December 1, 1989, an order dismissing the complaint as to all the defendants except defendant Dowling and directing that service of the complaint be made on him. The plaintiff appealed from that order.

Absent 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 pendency 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 appeal be, and hereby is, dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.