914 F.2d 256
Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Alan FRANK, Plaintiff-Appellant,
v.
Bill STORY; Carolyn Richards; Warren Schave; John Noe,
Defendants-Appellees,
John Bailey, Defendant.
No. 90-5344.
United States Court of Appeals, Sixth Circuit.
Sept. 24, 1990.
Before KENNEDY and RALPH B. GUY, Jr., Circuit Judges; and BAILEY BROWN, Senior Circuit Judge.
ORDER
This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.
It appears from the record that the district court entered on February 21, 1990, an order dismissing the complaint without prejudice to plaintiff's right to refile upon exhaustion of his administrative remedies and directing that summons be issued for defendant Bailey. The plaintiff appealed from that order.
Absent Fed.R.Civ.P. 54(b) certification, an order disposing of fewer than all the claims or parties involved in the action is not appealable. Liberty Mut.Ins.Co. v. Wetzel, 424 U.S. 737, 742-45 (1976). No 54(b) certification was made in the instant case. The final decision of the district court has not been entered during the pendency of this appeal; therefore, this court lacks jurisdiction. See Gillis v. United States Dep't of HHS, 759 F.2d 565, 569 (6th Cir.1985).
It is ORDERED that the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.