Biscamp v. Tyler County

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                          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 R. 47.5, the court has determined that this opinion should not be published and is not precedent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.




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