DEMARTINO v. F. B. I., 08-5421 (D.C. Cir. 1-23-2009)
Vincent Demartino, Appellant v. Federal Bureau of Investigation, etal., Appellees.
No. 08-5421.United States Court of Appeals, District of Columbia Circuit.
Filed On: January 23, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Sentelle, Chief Judge, and Tatel and Kavanaugh, Circuit Judges.
Per Curiam
ORDER
Upon consideration of the court's order to show cause filed October 17, 2008, and the response thereto, it is
ORDERED that the order to show cause be discharged. It is FURTHER ORDERED, on the court's own motion, that the appeal be dismissed for lack of jurisdiction. The district court's order filed September 15, 2008, did not adjudicate all the claims against all the parties, and the district court did not direct the entry of final judgment pursuant to Fed.R.Civ.P. 54(b); therefore, the order is not final and appealable. See Fed.R.Civ.P. 54(b);Building Indus. Ass'n v. Babbitt, 161 F.3d 740,742-43 (D.C. Cir. 1998). Appellant has not demonstrated that the order otherwise qualifies for immediate appeal.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.Page 1