153420P.pdf   03/21/2016  Ernest Johnson  v.  George Lombardi
   U.S. Court of Appeals Case No:  15-3420
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit Judges] 
   Prisoner case - Civil Procedure. Where the district court dismissed 
   Johnson's complaint challenging the State of Missouri's mode of execution 
   as unconstitutional, but made clear that it would permit Johnson to amend 
   the complaint to remedy the perceived deficiencies, there was no clear 
   manifestation by the district court that its decision on the complaint was 
   the end of the case, and the order dismissing the complaint was not final; 
   since Rule 54(d) does not apply to single-claim actions, such as 
   Johnson's, the district court could not invoke Rule 54(d) to enter a final 
   judgment or to certify its order for immediate appeal; as a result, the 
   court lacks jurisdiction over this appeal, and it must be dismissed. 
  
153420P.pdf   10/30/2015  Ernest Lee Johnson  v.  George A. Lombari
   U.S. Court of Appeals Case No:  15-3420
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [Per Curiam.  Before Smith, Colloton, and Gruender, Circuit Judges] 
   Death Penalty - civil rights.  On appeal from the district court's 
   dismissal of the civil rights action, challenging Missouri's legal-injection 
   protocol as unconstitutional as applied to him, for failure to state a claim 
   upon which relief could be granted because he failed plausibly to plead 
   sufficient facts establishing the existence of a feasible and readily 
   implementable method of execution, the motion for stay of execution pending 
   appeal is denied.