Unpublished Dispositionbernard L. Smith, Plaintiff-appellant, v. Dewey Sowders, Wayne C. Dunn, Barbara Jones, Kentucky Boardof Medical Licensure, Defendants-appellees,dr. Noe, Steve Berry, Defendants, 908 F.2d 974 (6th Cir. 1990)

ORDER

This matter is before the court upon consideration of the appellees' motion to dismiss the appeal for lack of jurisdiction. Smith has failed to respond.

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 defendants Noe and Berry. 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 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, 569 (6th Cir. 1985).

It is ORDERED that the motion to dismiss be granted and the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 8, Rules of the Sixth Circuit.