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73 F. App'x 749

Alex v. Stalder

U.S. Courts of Appeals

Decided August 26, 2003

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U.S. Courts of Appeals · decided 2003-08-26

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Askanase v. Livingwell, Inc. · John Louis Brinar v. Troy Williamson

Decided 2003-08-26

PER CURIAM. *

¶1 Ricky Joseph Alex (Alex), Louisiana prisoner # 98130, seeks to appeal from an order denying as premature his motion for service of process of his civil rights complaint filed pursuant to 42 U.S.C. § 1983. He argues that he is entitled to service of his complaint pursuant to Fed. R. Civ. P. 4(c)(2).

¶2 The district court’s order is not a final order appealable under 28 U.S.C. § 1291. See Askanase v. Livingwell, Inc., 981 F.2d 807, 810 (5th Cir.1993). Nor is the order in the class of interlocutory orders subject *750 to appeal under 28 U.S.C. § 1292(a)(l)-(3). The district court did not certify the order as final pursuant to Fed. R. Civ. P. 54(b) or as appealable pursuant to 28 U.S.C. § 1292(b). The order also is not appeal-able pursuant to the collateral order doctrine. See Brinar v. Williamson, 245 F.3d 515, 517-18 (5th Cir.2001). Therefore, we lack jurisdiction to hear Alex’s appeal from the district court’s order. See id. at 518.

¶3 APPEAL DISMISSED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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