Triplett v. White

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-31044
Conference Calendar
__________________
WILLIE TRIPLETT, JR.,
Plaintiff-Appellant,
versus
DARRELL WHITE; EAST BATON ROUGE
PARISH PRISON; EAST BATON ROUGE
CITY, POLICE DEPARTMENT,
Defendants-Appellees,
and
JOE SABELLA,
Defendant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 92-CV-19
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April 16, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
This court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). In this civil rights action, Willie Triplett filed a
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-31044
-2-
notice of appeal from an order of the district court entered on
August 22, 1995, granting in part the defendants' motion for
summary judgment.
The district court's order granting partial summary judgment
disposed of fewer than all the parties and claims; thus, it is
not a final order. We discern no basis for appellate
jurisdiction.
Triplett's motion for the appointment of counsel to
represent him at an evidentiary hearing scheduled before the
magistrate judge is DENIED. Triplett should direct this motion
to the district court.
APPEAL DISMISSED.