917 F2d 25 Aj Simpson v. Quarles
917 F.2d 25
A.J. SIMPSON, Plaintiff-Appellant,
Denise QUARLES, David Jamrog, Anthony Palmer, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.
Aug. 30, 1990.
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Before RYAN and ALAN E. NORRIS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
This matter is before the court upon consideration of the appellees' motion to dismiss. The appellant has not responded.
A review of the record indicates that the district court filed on December 12, 1989, an order dismissing the complaint as to all the defendants except defendant Quarles. 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.