Hudson
v.
Mississippi

This case is not covered by Casetext's citator
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUITNov 8, 2018
No. 17-60190 (5th Cir. Nov. 8, 2018)

No. 17-60190

11-08-2018

CHARLESTON HUDSON, Plaintiff - Appellant v. STATE OF MISSISSIPPI; ROBERT W. ELLIOTT; KELLY LUTHER; STEVE GARRISON, Defendants - Appellees


Appeal from the United States District Court for the Northern District of Mississippi
USDC No. 3:15-CV-151 Before DAVIS, COSTA, and OLDHAM, Circuit Judges. PER CURIAM:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The judgment appealed from did not dispose of all of the claims made by the plaintiff in this suit. The judgment that was entered only dismissed the action by the plaintiff against the sole remaining defendant, Mississippi probation and parole officer Steve Garrison, under 42 U.S.C. § 1983. The judgment did not resolve the state law claims included in the plaintiff's amended complaint, which the district court allowed him to file. Because the district court's judgment did not dispose of all of the claims in this suit, it does not constitute a final judgment. We therefore have no jurisdiction over this appeal under 28 U.S.C. § 1291. Accordingly, the appeal is DISMISSED.

FED. R. CIV. P. 54(b) ("[A]ny order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties. . . ."); Witherspoon v. White, 111 F.3d 399, 401-02 (5th Cir. 1997). --------