Ronald R. Ernst v. Judge Thomas Howe

111 F. App'x 868

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 12, 2004
• Docket: 03-3601
• Status: Unpublished

Opinion

PER CURIAM.

Ronald Ernst appeals from the district court’s 1 order dismissing two defendants in his 42 U.S.C. § 1983 action. Because the order did not dispose of the claims against two other defendants, it was not a final appealable order. See 28 U.S.C. § 1291 (courts of appeals have jurisdiction over appeals from final decisions of district courts); Fed.R.Civ.P. 54(b) (in absence of an express direction for entry of final judgment as to fewer than all parties, an order adjudicating fewer than all claims or rights and liabilities of fewer than all parties shall not terminate action as to any claims or parties); 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). Accordingly, we dismiss the appeal for lack of jurisdiction.

1 . The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Susan Richard Nelson, United States Magistrate Judge for the District of Minnesota.