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WITHERSPOON v. WHITE

No. 95-40856 Summary Calendar.

111 F.3d 399 (1997)

Tyrone Lamel WITHERSPOON, Plaintiff-Appellant, v. Ivan WHITE, in his official capacity as Warden, FCI Texarkana; Janet Reno, in her official capacity as U.S. Attorney General; Up Springfellow, in his official capacity as Doctor, FCI Texarkana, Wade Lee Medical Center, Texarkana, Arkansas; Kathleen Hawk, in her official capacity as Director of U.S. Bureau of Prisons, CMC Cord Texarkana, AR, FCI, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 2, 1997.

Attorney(s) appearing for the Case

Robin P. Hartman, Haynes & Boone, Dallas, TX, for Plaintiff-Appellant.

Dane H. Smith, Office of the U.S. Attorney, Tyler, TX, for Defendants-Appellees, White, Springfellow, Hawk and CMC Cord Texarkana, AR, FCI.

John Louis Tidwell, Glen Carter Hudspeth, Gooding & Dodson, Texarkana, TX, for Defendant-Appellee Wade Lee Medical Center, Texarkana, AR.

Before JOHNSON, WIENER and DENNIS, Circuit Judges.

JOHNSON, Circuit Judge:

Tyrone Lamel Witherspoon appeals the dismissal of his 42 U.S.C. § 1983 action. However, because the district court failed to render a final judgment in this action, we dismiss the present appeal for lack of jurisdiction.

I. Facts and Procedural History

Witherspoon, a federal prisoner, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against Warden Ivan White, United States Attorney General Janet Reno;...

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