IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-41073
(Summary Calendar)
DONALD RAY BISCAMP, SR.,
Plaintiff-Appellant,
versus
TYLER COUNTY TEXAS, GARY HENNIGAN,
Individually and in his official capacities; WANDA
BRASHER, Individually and in her official capacities
as Justice of the Peace; JAMES A. CLARK, Individually
and in his official capacities as District Attorney; RITA
JEAN SHEFFIELD; DEW LEWANE SHEFFIELD;
ROBERT C. SIRMONS; DOROTHY SIRMONS;
CALVIN W. SIRMONS; JOSEPH PATTERSON,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
(1:95-CV-127)
September 5, 1997
Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM, Circuit Judge:*
*
Pursuant to 5 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent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 5 CIR. R. 47.5.4.
Donald Ray Biscamp, Sr., appeals the magistrate judge’s dismissal of his civil rights complaint
against Tyler County, Texas; Tyler County Sheriff Gary Hennigan; Tyler County Justice of the Peace
Wanda Brasher; Tyler County District Attorney James A. Clark (co llectively, the Tyler County
defendants); Biscamp’s ex-wife, Rita Jean Sheffield; her husband, Dew Lewane Sheffield; and Mrs.
Sheffield’s relatives, Robert C. Sirmons, Dorothy Sirmons, Calvin W. Sirmons, and Joseph Patterson
(collectively the Sheffield defendants). Because the record indicates that the Sheffield defendants did
not consent to entry of final judgment by the magistrate judge pursuant to 28 U.S.C. § 636(c)(1), the
order of dismissal is not final as to those defendants. See EEOC v. West Louisiana Health Services,
Inc., 959 F.2d 1277, 1281-82 (5th Cir. 1992).
When an action involves multiple parties or multiple claims, any decision that adjudicates the
liability of fewer t han all the parties or disposes of few than all the claims does not terminate the
litigation and is therefore not appealable unless certified under FED. R. CIV. P. 54(b). See Thompson
v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985). The district court has not certified the dismissal of the
Tyler County defendants for appeal pursuant to Rule 54(b). Accordingly, this court is without
jurisdiction.
APPEAL DISMISSED.
2