UNITED STATES COURT OF APPEALS

Tenth Circuit

Byron White United States Courthouse

1823 Stout Street

Denver, Colorado 80294

(303) 844-3157

Patrick J. Fisher, Jr. Elisabeth A. Shumaker

Clerk Chief Deputy Clerk

December 13, 1997

TO: All recipients of the captioned order and judgment

RE: 97-8034, Dobson v. Waugh, et al.

 December 9, 1997

Please be advised of the following correction to the captioned decision:

There is an error in the caption on the first page of the decision. Dan Price, II, is

erroneously listed as “Crook County Jailer.” In fact, Mr. Price is a Judge, Sixth Judicial

District, Crook County. 

A corrected version of the first page is attached for your convenience.

Very truly yours,

Patrick Fisher, Clerk

Susie Tidwell

Deputy Clerk

encl.
F I L E D

United States Court of Appeals

Tenth Circuit

DEC 9 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

 

JAMES ELMER DOBSON,

Plaintiff-Appellant,

v.

RON WAUGH, in his official capacity

as Justice of the Peace for Crook

County; TERRENCE L. O’BRIEN, in

his official capacity as Judge, Sixth

Judicial District, Crook County; DAN

PRICE, II, in his official capacity as

Judge, Sixth Judicial District, Crook

County; BRIAN MOORHOUSE, in his

official capacity as former Crook

County Jailer; STEVEN STAHLA, in

his official capacity as Crook County

Sheriff; TY STUTZMAN, in his

official capacity as Crook County

Deputy Attorney; BILL RICE, in his

official capacity as Crook County

Deputy Attorney; DALE SANDER, in

his official capacity as Crook County

Deputy Sheriff; APRIL GIES, in her

official capacity as Crook County

Deputy Sheriff; DOUGLAS DESKIN,

in his official capacity as Wyoming

Department of Transportation

Highway Patrol Officer,

Defendants-Appellees.

Case No. 97-8034

(D.C. 97-CV-69-B)

(District of Wyoming)

 
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

2

 

ORDER AND JUDGMENT*

 

Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.

 

After examining the briefs and appellate record, this panel has unanimously

determined that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

Plaintiff James Elmer Dobson appeals the district court’s dismissal without

prejudice of his 42 U.S.C. § 1983 claims against three of the twelve defendants. 

As this dismissal was not a final, appealable order, in the absence of certification

under Fed. R. Civ. P. 54(b), we dismiss the appeal for lack of jurisdiction under

28 U.S.C. § 1291. See Hutchinson v. Pfeil, 105 F.3d 566, 569 (10th Cir. 1997)

(“Under [28 U.S.C. §] 1291, we have jurisdiction only over ‘final’ decisions of

the district court, where finality is controlled by Fed.R.Civ.P. 54(b).”); Harolds

Stores, Inc. v. Dillard Dep’t Stores, Inc., 82 F.2d 1533, 1541 (10th Cir.) (“An

order that adjudicates fewer than all the claims raised is not a final, appealable
3

decision unless the district court certifies it under Rule 54(b).”), cert. denied, 117

S. Ct. 297 (1996).

For the foregoing reasons, we DISMISS Mr. Dobson’s appeal for lack of

jurisdiction. The mandate shall issue forthwith.

Entered for the Court,

Robert H. Henry

Circuit Judge