Calvin Burke v. St. Louis City Jails ( 2016 )


Menu:
  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 15-3217
    No. 15-3887
    ___________________________
    Calvin Burke
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    St. Louis City Jails, et al.
    lllllllllllllllllllll Defendants - Appellees
    ____________
    Appeals from United States District Court
    for the Eastern District of Missouri - St. Louis
    ____________
    Submitted: February 11, 2016
    Filed: February 12, 2016
    [Unpublished]
    ____________
    Before LOKEN, MURPHY, and BYE, Circuit Judges.
    ____________
    PER CURIAM.
    In these consolidated appeals, Missouri inmate Calvin Burke challenges
    interlocutory orders entered in his 42 U.S.C. § 1983 action. In No. 15-3887, Burke
    appeals a district court1 order dismissing fewer than all claims and defendants. This
    is not an appealable final order. See 28 U.S.C. § 1291; In re Russell, 
    957 F.2d 534
    ,
    535 (8th Cir.1992). Accordingly, we dismiss the appeal for lack of jurisdiction.
    In No. 15-3217, Burke appeals an order denying a preliminary injunction to
    protect him from harm that a correctional officer at St. Louis City Jails allegedly
    threatened. We dismiss this appeal as moot because Burke has filed notices of his
    transfer to other correctional facilities, see Owens v. Isaac, 
    487 F.3d 561
    , 564 (8th Cir.
    2007), and there is no showing he is likely to be sent back to St. Louis City Jails, see
    Smith v. Hundley, 
    190 F.3d 852
    , 855 (8th Cir. 1999).
    ______________________________
    1
    The Honorable Ronnie L. White, United States District Judge for the Eastern
    District of Missouri.
    -2-