Calvin Burke v. St. Louis City Jails, et al


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye (UNPUBLISHED) [4366448] [15-3217, 15-3887]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3217 No. 15-3887 ___________________________ Calvin Burke lllllllllllllllllllll Plaintiff - Appellant v. St. Louis City Jails, et al. lllllllllllllllllllll Defendants - Appellees ____________ Appeals from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: February 11, 2016 Filed: February 12, 2016 [Unpublished] ____________ Before LOKEN, MURPHY, and BYE, Circuit Judges. ____________ PER CURIAM. In these consolidated appeals, Missouri inmate Calvin Burke challenges interlocutory orders entered in his 42 U.S.C. § 1983 action. In No. 15-3887, Burke Appellate Case: 15-3217 Page: 1 Date Filed: 02/12/2016 Entry ID: 4366448 appeals a district court1 order dismissing fewer than all claims and defendants. This is not an appealable final order. See 28 U.S.C. § 1291; In re Russell, 957 F.2d 534, 535 (8th Cir.1992). Accordingly, we dismiss the appeal for lack of jurisdiction. In No. 15-3217, Burke appeals an order denying a preliminary injunction to protect him from harm that a correctional officer at St. Louis City Jails allegedly threatened. We dismiss this appeal as moot because Burke has filed notices of his transfer to other correctional facilities, see Owens v. Isaac, 487 F.3d 561, 564 (8th Cir. 2007), and there is no showing he is likely to be sent back to St. Louis City Jails, see Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999). ______________________________ 1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri. -2- Appellate Case: 15-3217 Page: 2 Date Filed: 02/12/2016 Entry ID: 4366448

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