___________

No. 96-2388 ___________

Charles Gordon Long, * * Appellant, * * v. * * Ann Barry, Individually and as * Commissioner of the Department * of Health; Frank Wood, * Individually and as Commissioner * of Department of Corrections; * Appeal from the United States Dana Baumgartner, Individually * District Court for the and as Health Services Director * District of Minnesota. of the Department of Corrections;* Dennis Benson, Individually * [UNPUBLISHED] and as Warden of the Minnesota * Correctional Facility at * Stillwater; Angelito Ramos, Dr., * Individually and as Chief * Medical Officer of the Minnesota * Correctional Facility at * Stillwater, * * Appellees. *

___________

Submitted: October 22, 1996

Filed: November 27, 1997 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Charles Gordon Long brought this action against a physician and four state officials, claiming constitutional and state law violations, after his prescription pain medication was withheld from him during his pretrial detention at a state correctional facility. The four state officials moved for summary judgment, the district court1 granted the motion, and Long appeals.

The order granting summary judgment to four of the five defendants was not a final, appealable order, and we therefore lack jurisdiction over this appeal. See 28 U.S.C. § 1291; Fed. R. Civ. P. 54(b). Accordingly, we dismiss the appeal.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota.

-2-