UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Newman v. Dunchamp,

#11-41252

2012 U.S. App. Lexis 26258

March 8, 2012, Decided

PER CURIAM:

This court must examine the basis of its jurisdiction, on its own motion if necessary. Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000). In this civil rights case, the district court dismissed three defendants, but left two defendants in the case. The plaintiff filed a notice of appeal from the order of dismissal.

We have jurisdiction over appeals from final decisions of the district courts. 28 U.S.C. § 1291. Where an action involves multiple parties or claims, as in this case, an order dismissing some of the claims or defendants is final only if the district court has made an express determination that there is no just reason for delay and an express direction for the entry of judgment, see Fed.. R. Civ. P. 54(b), or certifies the case for immediate appeal pursuant to 28 U.S.C. § 1292(b). Here, the district court dismissed three defendants but left the claims against the remaining defendants pending. It did not enter the certification required by either Rule 54(b) or § 1292(b). Thus, the notice of appeal filed before all claims and all parties were disposed of is premature. We are without jurisdiction over this appeal and it must be dismissed. See Borne v. A&P Boat Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985).

IT IS SO ORDERED.