Larry Jones v. Akeisha Walker

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 23, 2024
• Docket: 23-1824
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1824 ___________________________

Larry Wayne Jones,

lllllllllllllllllllllPlaintiff - Appellant,

v.

Akeisha Walker, Food Production Manager, MSU; Aundrea Culclager, Former Warden, MSU; William Benton, Former Health Services Administrator, MSU; Erica Johnson, Former DON, MSU; Carla Jacks; WellPath, LLC,

lllllllllllllllllllllDefendants - Appellees. ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: February 8, 2024 Filed: February 23, 2024 [Unpublished] ____________

Before COLLOTON, KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Larry Wayne Jones appeals a decision of the district court granting summary judgment for the defendants on certain claims in this action. We conclude that the orders granting summary judgment are not final and appealable because they did not dispose of Jones’s retaliation claim. See 28 U.S.C. § 1291; SD Voice v. Noem, 987 F.3d 1186, 1191-92 (8th Cir. 2021); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991).

Accordingly, the appeal is dismissed for lack of jurisdiction, and the case is remanded for the district court to consider the unresolved retaliation claim. ______________________________

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