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

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye (UNPUBLISHED) [4366448] [15-3217, 15-3887]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3217
No. 15-3887
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Calvin Burke
lllllllllllllllllllll Plaintiff - Appellant
v.
St. Louis City Jails, et al.
lllllllllllllllllllll Defendants - Appellees
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Appeals from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: February 11, 2016
Filed: February 12, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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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

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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).
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1

The Honorable Ronnie L. White, United States District Judge for the Eastern
District of Missouri.
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Appellate Case: 15-3217

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Date Filed: 02/12/2016 Entry ID: 4366448