Gaines v. Crescent Guardian

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30758
Summary Calendar
CLARION GAINES
Plaintiff-Appellant,
versus
CRESCENT GUARDIAN, INC.
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CV-2341
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ORDER OF DISMISSAL FOR LACK OF
APPELLATE JURISDICTION
Before KING, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Plaintiff’s notice of appeal expressly states that appeal is
taken “from the Order entered July 1, 2005 dismissing counts 2 and
3 of her complaint.” The order referenced in the notice of appeal
is not a final order or a final judgment. It dismisses only counts
2 and 3 of plaintiff’s original petition. The district court did
not certify the order appealed from as immediately appealable
pursuant to Rule 54(b) of the Federal Rules of Federal Procedure;

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No. 05-30758
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this Court has not granted permission in any way for an
interlocutory appeal.
Accordingly, this appeal is dismissed for lack of appellate
jurisdiction.
APPEAL DISMISSED.

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