William Adams v. City of Lincoln

United States Court of Appeals
For the Eighth Circuit
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No. 21-1862
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William Adams
lllllllllllllllllllllPlaintiff - Appellant
v.
City of Lincoln
lllllllllllllllllllllDefendant - Appellee
Jeffrey Sorensen
lllllllllllllllllllllDefendant
Joseph Villamonte; Daniel Dufek
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: November 10, 2021
Filed: November 17, 2021
[Unpublished]
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Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
William Adams appeals the district court’s1 adverse grant of summary
judgment in his action under 42 U.S.C. § 1983. We conclude that the order granting
summary judgment to the City of Lincoln and its officers Joseph Villamont and
Daniel Dufek was not final, as it did not dispose of the claims against Capital
Towing, Inc. See 28 U.S.C. § 1291; Thomas v. Basham, 931 F.2d 521, 523 (8th Cir.
1991). Although the clerk entered default against Capital Towing under Federal Rule
of Civil Procedure 55(a), the district court did not subsequently enter default
judgment under Federal Rule of Civil Procedure 55(b) as required to render the
judgment final. See Fed. R. Civ. P. 55(b); Ackra Direct Mktg. Corp. v. Fingerhut
Corp., 86 F.3d 852, 855 (8th Cir. 1996); Berthelsen v. Kane, 886 F.2d 330 (6th Cir.
1989).
Accordingly, the appeal is dismissed for lack of jurisdiction because it is
premature.
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1
The Honorable Robert F. Rossiter, Jr., United States District Judge for the
District of Nebraska.
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