Antwon Parker v. David Fortner

440 F. App'x 372

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 8, 2011
• Docket: 11-40188
• Status: Unpublished

Opinion

PER CURIAM: *

Proceeding pro se and informa pauper-is, Antwon Parker, Texas prisoner # 1311517, appeals from the dismissal of five of the nine defendants to his 42 U.S.C. § 1983 civil-rights action. Our jurisdiction is limited to appeals from “final decisions of the district courts”. 28 U.S.C. § 1291. “[A]ny decision that adjudicates the liability of fewer than all the parties does not terminate the action unless the district court (1) expressly determines that there is no just reason for delay and (2) expressly directs the entry of judgment”. Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir.1985) (citing Fed.R.CivP. 54(b)).

The district court’s order did not dispose of Parker’s claims against all defendants and did not provide for an appeal under Rule 54(b). Accordingly, that order is not a final judgment; and, therefore, our court lacks jurisdiction to consider the instant appeal.

DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.