Gary Eugene Graham v. Falls City

111 F. App'x 852

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 26, 2004
• Docket: 04-1043
• Status: Unpublished

Opinion

PER CURIAM.

Gary Graham appeals the district court’s 1 order dismissing two defendants in this 42 U.S.C. § 1983 action. Because the order allowed process to be served upon the third defendant, the order is not final under 28 U.S.C. § 1291, and we lack jurisdiction to review it at this time. See 28 U.S.C. § 1291 (courts of appeals have jurisdiction over appeals from final decisions of district courts); Bullock v. Baptist Mem’l Hosp., 817 F.2d 58, 59 (8th Cir. 1987) (order dismissing complaint as to fewer than all defendants is not final order within meaning of § 1291).

We deny as moot his pending motion.

Accordingly, we dismiss the appeal as premature.

1 . The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.