U.S. Court of Appeals for the Fifth Circuit, 2009

Kevin Davis v. Christopher Epps

Kevin Davis v. Christopher Epps
U.S. Court of Appeals for the Fifth Circuit · Decided August 17, 2009 · Benavides, Prado, Elrod
331 F. App'x 295

Kevin Davis v. Christopher Epps

Opinion

PER CURIAM: *

Kevin Terrence Davis, Mississippi prisoner # R8777, seeks leave to proceed in forma pauperis (IFP) in his appeal from the district court’s February 17, 2009, judgment dismissing some, but not all, of the defendants named in his 42 U.S.C. § 1983 suit. When an action involves multiple parties, a decision that adjudicates the liability of fewer than all the parties does not terminate the action unless the district court expressly determines that there is not a just reason for delay and expressly directs entry of a final judgment. Fed.R.Civ.P. 54(b). A district court satisfies the requirements for entering an order of final judgment under Rule 54(b) “[i]f the language in the order appealed from, either independently or together with related portions of the record referred to in the order, reflects the district court’s unmistakable intent to enter a partial final judgment under Rule 54(b).... ” See Kelly v. Lee’s Old Fashioned Hamburgers, Inc., 908 F.2d 1218, 1220 (5th Cir. 1990) (en banc).

The February 17, 2009, judgment does not indicate that the district court intended for it to be a partial final judgment under Rule 54(b). See id. Accordingly, this court is without jurisdiction, and the appeal is dismissed. Davis’s motion to proceed IFP on appeal is denied.

APPEAL DISMISSED; MOTION DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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