Callicutt v. Anderson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-60038 Conference Calendar GEORGE T. CALLICUTT, Plaintiff-Appellant, versus JAMES ANDERSON; FRED CHILDS; I. A. GILMORE; TONY COMPTON; TERRY HOLLOWAY; NATHANIEL CANNON; JAMES HOLMAN; NORS KENNEDY, Captain; CALVIN PHIPPS, Captain; EARNEST LEE; LETHA NATHAN, Captain, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:00-CV-46-LN -------------------- August 21, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM:* George T. Callicutt, Mississippi prisoner no. 84125, seeks monetary and injunctive relief in an action brought under 42 U.S.C. § 1983 concerning conditions of his incarceration. Callicutt has filed a notice of interlocutory appeal from the district court’s refusal to reconsider its denial of his motion for summary judgment. The district court’s order is not a final judgment under Fed. R. Civ. P. 54 or 28 U.S.C. § 1291. It is not * Pursuant to 5TH 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 01-60038 -2- an appealable interlocutory order under 28 U.S.C. § 1292(a), and the district court did not certify its order as appealable under 28 U.S.C. § 1292(b). This court lacks jurisdiction to consider the appeal. The appeal is DISMISSED. Fed. R. App. P. 34(a)(2)(A); 5th Cir. R. 42.2.