Sandres v. State Office of General Counsel , 137 F. App'x 676 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2005
Charles R. Fulbruge III
Clerk
No. 04-30864
Conference Calendar
NAOMI SANDRES,
Plaintiff-Appellant,
versus
STATE OFFICE OF GENERAL COUNSEL, ET AL.,
Defendants,
OFFICE OF ATTORNEY GENERAL; ROSE WOODEN,
Defendants-Appellees
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:03-CV-712-C
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Naomi Sandres appeals the district court’s grant of summary
judgment in favor of Rose Wooden and the dismissal of her civil
claims against Wooden pursuant to FED. R. CIV. P. 12(b)(6). Her
claims against the other defendants in the lawsuit remain to be
adjudicated.
*
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this opinion should not be published and is not precedent except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.
No. 04-30864
-2-
When an action involves multiple parties or multiple claims,
any decision that adjudicates the liability of fewer than all of
the parties does not terminate the action and is therefore not
appealable unless certified by the district court under FED.
R. CIV. P. 54(b). Borne v. A & P Boat Rentals No. 4, Inc., 755
F.2d 1131, 1133 (5th Cir. 1985); Thompson v. Betts, 754 F.2d
1243, 1245 (5th Cir. 1985). The district court has not certified
the order for appeal. Accordingly, this court is without
jurisdiction, and the appeal is dismissed.
We have previously dismissed an appeal filed by Sandres as
frivolous. See Sandres v. Div. of Admin., No. 02-31244 (5th Cir.
Aug. 19, 2003). Sandres is warned that sanctions may be imposed
if she continues to file appeals for which there is no
jurisdiction or that are frivolous. These sanctions may include
monetary sanctions and restrictions on her ability to file
pleadings.
APPEAL DISMISSED; SANCTION WARNING ISSUED.