Unpublished Dispositionemmanuel Mitchell, Plaintiff-appellant, v. Jack Owens, Sheriff, Defendant-appellee,shelby County Jail, et al., Defendants, 904 F.2d 707 (6th Cir. 1990)

Before KEITH and ALAN E. NORRIS, Circuit Judges, and JOHN W. POTTER, District Judge^* .

ORDER

This matter is before the court upon consideration of the appellee's motion to dismiss the appeal for lack of jurisdiction. The appellant has filed a response, and moved for miscellaneous relief.

A review of the record indicates that the district court filed on January 30, 1990, an order dismissing the complaint as to defendant Owens. 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 motion to dismiss be, and it hereby is, granted. The appeal is hereby dismissed for lack of jurisdiction. Rule 8(a) (1), Rules of the Sixth Circuit. The appellant's motion is denied.