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;

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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.