Triplett v. White

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-31044 Conference Calendar __________________

WILLIE TRIPLETT, JR.,

Plaintiff-Appellant,

versus

DARRELL WHITE; EAST BATON ROUGE PARISH PRISON; EAST BATON ROUGE CITY, POLICE DEPARTMENT,

Defendants-Appellees,

and

JOE SABELLA,

Defendant.

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Appeal from the United States District Court for the Middle District of Louisiana USDC No. 92-CV-19

April 16, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

This court must examine the basis of its jurisdiction on its

own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th

Cir. 1987). In this civil rights action, Willie Triplett filed a

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-31044 -2-

notice of appeal from an order of the district court entered on

August 22, 1995, granting in part the defendants' motion for

summary judgment.

The district court's order granting partial summary judgment

disposed of fewer than all the parties and claims; thus, it is

not a final order. We discern no basis for appellate

jurisdiction.

Triplett's motion for the appointment of counsel to

represent him at an evidentiary hearing scheduled before the

magistrate judge is DENIED. Triplett should direct this motion

to the district court.

APPEAL DISMISSED.