Unpublished Dispositionalan Frank, Plaintiff-appellant, v. Bill Story; Carolyn Richards; Warren Schave; John Noe,defendants-appellees,john Bailey, Defendant, 914 F.2d 256 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 914 F.2d 256 (6th Cir. 1990) Sept. 24, 1990

Before KENNEDY and RALPH B. GUY, Jr., Circuit Judges; and BAILEY BROWN, Senior Circuit Judge.


ORDER

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

It appears from the record that the district court entered on February 21, 1990, an order dismissing the complaint without prejudice to plaintiff's right to refile upon exhaustion of his administrative remedies and directing that summons be issued for defendant Bailey. 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). 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. 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.