James Earl Conerly, Plaintiff-appellant, v. Anthony Franks, Postmaster General of the United States,defendant-appellee, 65 F.3d 174 (9th Cir. 1995)

MEMORANDUM^** 

James Earl Conerly, an employee of the United States Postal Service, appeals pro se the district court's summary judgment in favor of the Postmaster in Conerly's action alleging discrimination on the basis of his race and disability. This appeal is dismissed for lack of jurisdiction because the district court's order was not a final, appealable judgment. See 28 U.S.C. § 1291; Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981). Absent certification under Fed. R. Civ. P. 54(b), the dispositions as to Conerly's Title VII claims and civil rights claims do not constitute a final, appealable judgment because Conerly's fifth cause of action, alleging discrimination on the basis of his disability, remains pending in the district court. See Chacon, 640 F.2d at 222. Accordingly, this appeal is dismissed for lack of jurisdiction.

DISMISSED.