Nellon v. Simon

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30101
Summary Calendar
ADAM NELLON,
Plaintiff-Appellant,
versus
SIMON, DR.; ET AL.,
Defendants,
SIMON, DR.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CV-1534
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November 8, 2000
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Adam Nellon, Louisiana prisoner # 130010, has filed a pro se
notice of appeal from the district court’s partial judgment
dismissing some of the defendants named in his 42 U.S.C.
§ 1983 civil rights action.
This court is obliged to examine the basis for its appellate
jurisdiction, sua sponte if necessary. Borne v. A & P Boat
Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985). A
federal appellate court has jurisdiction over an appeal from:

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No. 00-30101
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(1) a final decision under 28 U.S.C. § 1291; (2) a decision that
is deemed final due to jurisprudential exception or that has been
properly certified as final pursuant to Fed. R. Civ. P. 54(b); or
(3) an interlocutory order that falls into one of the specific
classes enumerated in § 1292(a) or that has been properly
certified for appeal by the district court under § 1292(b).
Askanase v. LivingWell, Inc., 981 F.2d 807, 809-10 (5th Cir.
1993). “A decision is final when it ends the litigation on the
merits and leaves nothing for the court to do but execute the
judgment.” Id. at 810 (internal quotation marks and citations
omitted). In the absence of a Rule 54(b) certification by the
district court, a partial disposition of a multi-claim or
multi-party action does not qualify as a final decision under
§ 1291 and is ordinarily an unappealable interlocutory order.
Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985).
The district court’s partial judgment did not dismiss all of
the defendants, and the district court did not certify that the
partial judgment was a final judgment pursuant to Rule 54(b). No
other exception to the final-judgment requirement applies. The
appeal is DISMISSED for this court’s lack of jurisdiction.

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