Gary Eugene Graham v. Falls City

U.S. Court of Appeals for the Eighth Circuit
Gary Eugene Graham v. Falls City, 111 F. App'x 852 (8th Cir. 2004)

Gary Eugene Graham v. Falls City

Opinion

PER CURIAM.

Gary Graham appeals the district court’s 1 order dismissing two defendants in this 42 U.S.C. § 1983 action. Because the order allowed process to be served upon the third defendant, the order is not final under 28 U.S.C. § 1291, and we lack jurisdiction to review it at this time. See 28 U.S.C. § 1291 (courts of appeals have jurisdiction over appeals from final decisions of district courts); Bullock v. Baptist Mem’l Hosp., 817 F.2d 58, 59 (8th Cir. 1987) (order dismissing complaint as to fewer than all defendants is not final order within meaning of § 1291).

We deny as moot his pending motion.

Accordingly, we dismiss the appeal as premature.

1

. The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

Reference

Full Case Name
Gary Eugene GRAHAM, Appellant, v. FALLS CITY PROSECUTOR; Maria Moran, Prosecutor; Falls City Sheriffs Department, Appellees
Status
Unpublished