Bourgeois v. Wiley

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30742 Conference Calendar BLAKE BOURGEOIS; SAMUEL CARCISSE; DATHRONE CHAPMAN; DARRELL DUNN; HERBERT FRANCOIS; LAWRENCE GAINES; CARDELL HAYNES; KEITH J. HICKS; GERALD HILTON; REGGIE HOLLAND; ROBERT MUSE, JR.; ANDREW NORTH; JOHNEL PETERS; KEVIN PETERSON; JOE SPRIGGS; OSCAR VICKNAIR, JR.; DARRYL WEST, JR.; MARK W. WHEAT; ALL PLAINTIFFS, Plaintiffs-Appellants, versus JEFFREY P. WILEY; HAROLD TRIDICO; BOBBY WEBRE; JOHN KAIGLER; CEDRICK SMITH, also known as Sedrick Smith; NFN JULES, Sergeant; CHRIS HAGAN, also known as Christopher Hagan; PAT OURSO, also known as Pat Ohsso; NFN TOMPLATE; LUICIEN DORTHWAITE, also known as Officer Lucien; SUE MARTIN, also known as Sergeant Sue, also known as Sue Correctional Worker; NFN ROSEVILLE, Officer; NFN BUGGAGE, Mr., also known as W. Buggage; BILLY BIRD, also known as Billy Byrd; NFN DIXON, Mr., also known as Kennith Dixon, also known as Kenneth Dixon; ROOSEVELT THOMPSON, also known as Deputy Roosevelt; NFN COLLINS, Deputy; ROOSEVELT HAMPTON; ALL DEFENDANTS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 97-CV-431 - - - - - - - - - - June 17, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent No. 98-30742 -2- On June 11, 1998, the magistrate judge entered an order granting the motion for summary judgment filed by 13 of the above-captioned defendants. Several other defendants did not join the summary-judgment motion. When an action involves multiple parties or multiple claims, any decision that adjudicates the liability of fewer than all the parties or disposes of fewer than all the claims does not terminate the litigation and is not appealable unless certified under FED. R. CIV. P. 54(b). See Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985). The magistrate judge has not certified the June 11, 1998, order in accordance with Rule 54(b). Accordingly, we are without jurisdiction. APPEAL DISMISSED. except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.