Summary
ruling that parent could not "challenge collaterally the state court proceeding that resulted in the termination of her parental rights" because "[t]he federal courts . . . are not a forum for appealing state court decisions"
Summary of this case from State v. Native Village of CuryungOpinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Eastern District of Washington, Alan A. McDonald, District Judge, Presiding.
Before O'SCANNLAIN, FERNANDEZ, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Rick A. Young, a Washington state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 complaint prior to service of process. We dismiss the appeal for lack of jurisdiction.
Because we construe the district court's order as a dismissal with leave to amend Young's claim of deliberate indifference, the order is not final. See WMX Tech., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir.1997) (establishing that it may be necessary to read the entire record to determine what effect the court intended its dismissal order to have). Accordingly, we lack jurisdiction to consider Young's appeal. See id.
DISMISSED.