United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 04-1043
                                   ___________

Gary Eugene Graham,                   *
                                      *
             Appellant,               *
                                      * Appeal from the United States
       v.                             * District Court for the
                                      * District of Nebraska.
Falls City Prosecutor; Maria Moran,   *
Prosecutor; Falls City Sheriff’s      * [UNPUBLISHED]
Department,                           *
                                      *
             Appellees.               *
                                 ___________

                             Submitted: October 19, 2004
                                 Filed: October 26, 2004
                                  ___________

Before MURPHY, FAGG, and SMITH, Circuit Judges.
                           ___________

PER CURIAM.

       Gary Graham appeals the district court’s1 order dismissing two defendants in
this 42 U.S.C. § 1983 action. Because the order allowed process to be served upon
the third defendant, the order is not final under 28 U.S.C. § 1291, and we lack
jurisdiction to review it at this time. See 28 U.S.C. § 1291 (courts of appeals have
jurisdiction over appeals from final decisions of district courts); Bullock v. Baptist


      1
       The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
Mem’l Hosp., 

, 59 (8th Cir. 1987) (order dismissing complaint as to fewer
than all defendants is not final order within meaning of § 1291).

      We deny as moot his pending motion.

      Accordingly, we dismiss the appeal as premature.
                     ______________________________




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