John Brent Tarlton, Jr. v. Homer Dill, Lester Wilkerson, Keith Collier, George Killiam and Herb Gnepper

Fifth Circuit

John Brent Tarlton, Jr. v. Homer Dill, Lester Wilkerson, Keith Collier, George Killiam and Herb Gnepper

488 F.2d 973

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 4, 1974

Docket73-3451

StatusPublished

This text of 488 F.2d 973 (John Brent Tarlton, Jr. v. Homer Dill, Lester Wilkerson, Keith Collier, George Killiam and Herb Gnepper) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John Brent Tarlton, Jr. v. Homer Dill, Lester Wilkerson, Keith Collier, George Killiam and Herb Gnepper, 488 F.2d 973 (5th Cir. 1974).

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Opinion

PER CURIAM:

John Brent Tarlton, Jr., a federal prisoner, filed a Civil Rights action for damages against several named individuals. The district court granted Defendant Herb Gnepper’s motion for summary judgment, and Tarlton has taken this appeal from that ruling. Summary judgment motions on behalf of several other defendants were denied, and it is clear that except as to Gnepper the action is still pending below.

Since summary judgment was granted in favor of only one of the several defendants, it is not a final judgment ap-pealable of right under 28 U.S.C. Sec. 1291. Nor has there been any attempt to comply with the requirements of 28 U.S.C. Sec. 1292(b) governing interlocutory appeals, or an express determination by the district court that there is no just reason for delay and direction of entry of final judgment in favor of Gnepper. See Rule 54(b), F.R.Civ.P. Therefore the judgment appealed from lacks the requisite finality to be appeala-ble, and the appeal must be and is hereby dismissed for want of jurisdiction. McCormick v. Landrieu, 5 Cir. 1972, 469 F.2d 673; Ratner v. Scientific Resources Corp., 5 Cir. 1971, 462 F.2d 616; Bailey v. Rowan Drilling Co., Inc., 5 Cir. 1971, 441 F.2d 57.

Appeal dismissed.

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PER CURIAM:

John Brent Tarlton, Jr., a federal prisoner, filed a Civil Rights action for damages against several named individuals. The district court granted Defendant Herb Gnepper’s motion for summary judgment, and Tarlton has taken this appeal from that ruling. Summary judgment motions on behalf of several other defendants were denied, and it is clear that except as to Gnepper the action is still pending below.

Since summary judgment was granted in favor of only one of the several defendants, it is not a final judgment ap-pealable of right under 28 U.S.C. Sec. 1291. Nor has there been any attempt to comply with the requirements of 28 U.S.C. Sec. 1292(b) governing interlocutory appeals, or an express determination by the district court that there is no just reason for delay and direction of entry of final judgment in favor of Gnepper. See Rule 54(b), F.R.Civ.P. Therefore the judgment appealed from lacks the requisite finality to be appeala-ble, and the appeal must be and is hereby dismissed for want of jurisdiction. McCormick v. Landrieu, 5 Cir. 1972, 469 F.2d 673; Ratner v. Scientific Resources Corp., 5 Cir. 1971, 462 F.2d 616; Bailey v. Rowan Drilling Co., Inc., 5 Cir. 1971, 441 F.2d 57.

Appeal dismissed.

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488 F.2d 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-brent-tarlton-jr-v-homer-dill-lester-wilkerson-keith-collier-ca5-1974.

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