Daniels v. Houston City Police

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 4, 2004 Charles R. Fulbruge III Clerk No. 03-20956 ADAM DANIELS, Plaintiff-Appellant, versus BRADFORD, Police Chief; CITY OF HOUSTON POLICE DEPARTMENT; CHRIS CONNEALY, Fire Chief; CITY OF HOUSTON FIRE DEPARTMENT, #6; RAFAEL GAITAN, Chief; WILLIAM DOWLING; SAMUEL ADAMS; WAYLAND KELLEY; RALPH CUNNINGHAM; W. J. BEARDEN; S. WILSON; VANCE, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-3312 -------------------- Before JOLLY, EMILIO M. GARZA, and PICKERING, Circuit Judges. PER CURIAM:* Adam Daniels, Texas inmate # 619572, appeals from the summary judgment granted in favor of some but not all defendants in his civil rights action, filed pursuant to 42 U.S.C. § 1983. This court must examine the basis for its appellate jurisdiction sua sponte if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Under 28 U.S.C. § 1291, this court’s jurisdiction is limited to appeals from “final decisions of the district courts.” * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-20956 -2- Brown v. Miss. Valley State Univ., 311 F.3d 328, 331 (5th Cir. 2002)(internal quotation and citation omitted). The district court’s “Memorandum and Order on Partial Dismissal” is not a final judgment. See id.; see also FED. R. CIV. P. 54(b). Accordingly, the instant appeal is DISMISSED for lack of jurisdiction. All of Daniels’s outstanding motions are DENIED.