Michael W. Ryan v. Harold W. Clarke

1The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-1043
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Gary Eugene Graham, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Falls City Prosecutor; Maria Moran, *
Prosecutor; Falls City Sheriff’s * [UNPUBLISHED]
Department, *
*
Appellees. *
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Submitted: October 19, 2004
Filed: October 26, 2004
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Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Gary Graham appeals the district court’s 1 order dismissing two defendants in
this 42 U.S.C. § 1983 action. Because the order allowed process to be served upon
the third defendant, the order is not final under 28 U.S.C. § 1291, and we lack
jurisdiction to review it at this time. See 28 U.S.C. § 1291 (courts of appeals have
jurisdiction over appeals from final decisions of district courts); Bullock v. Baptist

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-2-
Mem’l Hosp., 817 F.2d 58, 59 (8th Cir. 1987) (order dismissing complaint as to fewer
than all defendants is not final order within meaning of § 1291).
We deny as moot his pending motion.
Accordingly, we dismiss the appeal as premature.
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