United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1862 ___________________________

William Adams

lllllllllllllllllllllPlaintiff - Appellant

v.

City of Lincoln

lllllllllllllllllllllDefendant - Appellee

Jeffrey Sorensen

lllllllllllllllllllllDefendant

Joseph Villamonte; Daniel Dufek

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: November 10, 2021 Filed: November 17, 2021 [Unpublished] ____________

Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM.

William Adams appeals the district court’s1 adverse grant of summary judgment in his action under 42 U.S.C. § 1983. We conclude that the order granting summary judgment to the City of Lincoln and its officers Joseph Villamont and Daniel Dufek was not final, as it did not dispose of the claims against Capital Towing, Inc. See 28 U.S.C. § 1291; Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991). Although the clerk entered default against Capital Towing under Federal Rule of Civil Procedure 55(a), the district court did not subsequently enter default judgment under Federal Rule of Civil Procedure 55(b) as required to render the judgment final. See Fed. R. Civ. P. 55(b); Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 855 (8th Cir. 1996); Berthelsen v. Kane, 886 F.2d 330 (6th Cir. 1989).

Accordingly, the appeal is dismissed for lack of jurisdiction because it is premature. ______________________________

1 The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska.

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