930 F. 2d 919 - King v. P Mytinger
930 F2d 919 King v. P Mytinger
930 F.2d 919
David Leigh KING, Plaintiff-Appellant,
v.
Lawrence P. MYTINGER, Wayne Owens, Glen Kline, Gary Heaton,
Defendants-Appellees.
No. 91-1223.
United States Court of Appeals, Sixth Circuit.
April 10, 1991.
Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.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 RALPH B. GUY, Jr. and ALAN E. NORRIS, Circuit Judges, and WELLFORD, Senior Circuit Judge.
ORDER
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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 the district court entered on January 28, 1991, an order dismissing the complaint against defendant Heaton with prejudice. 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. Department 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.