Alex v. Stalder, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 26, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30340
Summary Calendar
RICKY JOSEPH ALEX,
Plaintiff-Appellant,
versus
RICHARD L. STALDER; VENETIA MICHAELS; JERRY GOODWIN;
RAY HANSON; JAMIE FUSSELL; RIOS, Sgt.; TONY TOBIN;
RICKY ANDREWS; TONY WAINRIGHT,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CV-30
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ricky Joseph Alex (Alex), Louisiana prisoner # 98130, seeks
to appeal from an order denying as premature his motion for
service of process of his civil rights complaint filed pursuant
to 42 U.S.C. § 1983. He argues that he is entitled to service of
his complaint pursuant to FED. R. CIV. P. 4(c)(2).
The district court’s order is not a final order appealable
under 28 U.S.C. § 1291. See Askanase v. Livingwell, Inc., 981

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No. 03-30340
-2-
F.2d 807, 810 (5th Cir. 1993). Nor is the order in the class of
interlocutory orders subject to appeal under 28 U.S.C.
§ 1292(a)(1)-(3). The district court did not certify the order
as final pursuant to FED. R. CIV. P. 54(b) or as appealable
pursuant to 28 U.S.C. § 1292(b). The order also is not
appealable pursuant to the collateral order doctrine. See Brinar
v. Williamson, 245 F.3d 515, 517-18 (5th Cir. 2001). Therefore,
we lack jurisdiction to hear Alex’s appeal from the district
court’s order. See id. at 518.
APPEAL DISMISSED.

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