### 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 Case No. 97-8034 (D.C. 97-CV-69-B) (District of Wyoming)* This order and judgment is not binding precedent, except under the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 col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 2 ORDER AND JUDGMENT *
Before ANDERSON, HENRY, and BRISCOE, Circuit Judges

.

After examining the briefs and appellate record, th is 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 c ase is therefore ordered submitted without oral argument. Plaintiff James Elmer Dobson appeals the district c ourt’s dismissal without prejudice of his 42 U.S.C. § 1983 claims against th ree 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 on ly 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 ra ised is not a final, appealable3

decision unless the district court certifies it und er 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