Carl Davis, Texas inmate No. 634171, filed a qui tam action against Florent Luc *779 Litalien, Texas inmate no. 753225, under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq. Davis alleged that Litalien had defrauded the Department of Veterans Affairs (VA) by collecting benefits while incarcerated. The district court granted summary judgment for Davis on the liability issue based on the matters admitted pursuant to Fed. R. Civ. P. 36(a). The district court determined liability but did not award damages. Because the district court did not determine damages, it could not issue a final judgment pursuant to Fed. R. Civ. P. 54(b). Pemberton v. State Farm Mut. Auto. Ins. Co., 996 F.2d 789, 792 (5th Cir. 1993). Accordingly, this court lacks jurisdiction to consider the appeal.

APPEAL DISMISSED.