Marshall v. Kansas City So Rwy ( 2002 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60275
MERLEAN MARSHALL; ET AL.,
Plaintiffs,
MERLEAN MARSHALL, individually and on behalf of
all wrongful death beneficiaries of Lucy R. Shepard, deceased,
Plaintiff-Appellant,
VERSUS
THE KANSAS CITY SOUTHERN RAILWAY COMPANY; ERIC W. ROBINSON;
ROBERT E. EVERETT; C.L. DUETT,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Mississippi
3:99-CV-433
June 20, 2002
Before DAVIS, DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
This court must examine the basis of its jurisdiction on its own motion if necessary. Mozley
v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). In this civil rights case, the plaintiff filed a notice of
*
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 R. 47.5, the Court has determined that this opinion should not be published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.
appeal from an order entered by the district court on March 30, 2000, dismissing his claims against
defendants Robert E. Everett, C. L. Duett and Eric W. Robinson. The plaintiff’s claims against
Kansas City Southern Railway Company remain to be adjudicated.
When an action involves multiple parties or multiple claims, any decision that adjudicates the
liability of fewer than all the parties or disposes of fewer than all the claims does not terminate the
litigation and is therefore not appealable unless certified by the district court under Fed. R. Civ. P.
54(b). See Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985); Borne v. A & P Boat Rentals
Nos. 4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985). The district court has not certified the order for
appeal. Accordingly, this court is without jurisdiction.
APPEAL DISMISSED.
2