Gaines v. Crescent Guardian

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 24, 2006 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 05-30758 Summary Calendar

CLARION GAINES Plaintiff-Appellant, versus

CRESCENT GUARDIAN, INC. Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CV-2341 -------------------- ORDER OF DISMISSAL FOR LACK OF APPELLATE JURISDICTION Before KING, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:* Plaintiff’s notice of appeal expressly states that appeal is taken “from the Order entered July 1, 2005 dismissing counts 2 and of her complaint.” The order referenced in the notice of appeal is not a final order or a final judgment. It dismisses only counts and 3 of plaintiff’s original petition. The district court did not certify the order appealed from as immediately appealable pursuant to Rule 54(b) of the Federal Rules of Federal Procedure;

No. 05-30758 -2- this Court has not granted permission in any way for an interlocutory appeal.

Accordingly, this appeal is dismissed for lack of appellate jurisdiction.

APPEAL DISMISSED.