Unpublished Dispositionalfred Keith Bragg, Plaintiff-appellant, v. Columbus City Police, et al., Defendants,lamar Glenn, Delois Saunders, Defendants-appellees, 912 F.2d 465 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 912 F.2d 465 (6th Cir. 1990) Aug. 27, 1990

Before NATHANIEL R. JONES and DAVID A. NELSON, Circuit Judges, and SILER, Chief 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 an order was entered May 18, 1990, dismissing defendant Saunders and denying a motion for summary judgment as to defendant Glenn. Plaintiff appealed from that order on June 6, 1990.

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); iSolomon 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 as to the partial dismissal. See Gillis v. United States Dep't of HHS, 759 F.2d 565, 569 (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.

 *

The Honorable Eugene E. Siler, Jr., Chief District Judge for the Eastern District of Kentucky, sitting by designation

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