Dobson v. Waugh

UNITED STATES COURT OF APPEALS Tenth Circuit Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80294 (303) 844-3157 Patrick J. Fisher, Jr. Elisabeth A. Shumaker Clerk Chief Deputy Clerk

December 13, 1997

TO: All recipients of the captioned order and judgment

RE: 97-8034, Dobson v. Waugh, et al. December 9, 1997

Please be advised of the following correction to the captioned decision:

There is an error in the caption on the first page of the decision. Dan Price, II, is erroneously listed as “Crook County Jailer.” In fact, Mr. Price is a Judge, Sixth Judicial District, Crook County.

A corrected version of the first page is attached for your convenience.

Very truly yours,

Patrick Fisher, Clerk

Susie Tidwell Deputy Clerk

encl.

F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 9 1997 TENTH CIRCUIT PATRICK FISHER Clerk

JAMES ELMER DOBSON,

Plaintiff-Appellant, v. Case No. 97-8034

RON WAUGH, in his official capacity (D.C. 97-CV-69-B) as Justice of the Peace for Crook (District of Wyoming) County; TERRENCE L. O’BRIEN, in his official capacity as Judge, Sixth Judicial District, Crook County; DAN PRICE, II, in his official capacity as Judge, Sixth Judicial District, Crook County; BRIAN MOORHOUSE, in his official capacity as former Crook County Jailer; STEVEN STAHLA, in his official capacity as Crook County Sheriff; TY STUTZMAN, in his official capacity as Crook County Deputy Attorney; BILL RICE, in his official capacity as Crook County Deputy Attorney; DALE SANDER, in his official capacity as Crook County Deputy Sheriff; APRIL GIES, in her official capacity as Crook County Deputy Sheriff; DOUGLAS DESKIN, in his official capacity as Wyoming Department of Transportation Highway Patrol Officer,

Defendants-Appellees.

ORDER AND JUDGMENT * Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.

After examining the briefs and appellate record, this panel has unanimously determined that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff James Elmer Dobson appeals the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 claims against three of the twelve defendants. As this dismissal was not a final, appealable order, in the absence of certification under Fed. R. Civ. P. 54(b), we dismiss the appeal for lack of jurisdiction under 28 U.S.C. § 1291. See Hutchinson v. Pfeil, 105 F.3d 566, 569 (10th Cir. 1997) (“Under [28 U.S.C. §] 1291, we have jurisdiction only over ‘final’ decisions of the district court, where finality is controlled by Fed.R.Civ.P. 54(b).”); Harolds Stores, Inc. v. Dillard Dep’t Stores, Inc., 82 F.2d 1533, 1541 (10th Cir.) (“An order that adjudicates fewer than all the claims raised is not a final, appealable

• • This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

decision unless the district court certifies it under Rule 54(b).”), cert. denied, 117 S. Ct. 297 (1996).

For the foregoing reasons, we DISMISS Mr. Dobson’s appeal for lack of jurisdiction. The mandate shall issue forthwith.

Entered for the Court,

Robert H. Henry Circuit Judge