Opinion
No. CV 1-07-829-DGC.
June 12, 2009
ORDER
Plaintiff Barry Lamon is confined in the California State Prison in Corcoran, California. He commenced this prisoner civil rights action on May 3, 2007 ( see Dkt. #1), and filed a third amended complaint on March 4, 2009 (Doc. #27). On April 10, 2009, the Court issued a screening order requiring answers to certain claims and dismissing the remaining claims without prejudice. Dkt. #28. Plaintiff filed a notice of appeal from that order. Dkt. #30.
On May 5, 2009, the Court issued an order concluding that the April 10 order was a non-appealable interlocutory order and directing that service be completed by the United States Marshal's Office. Dkt. #35. Plaintiff has filed an objection to that order, which the Court will construe as a motion for reconsideration. Dkt. #36. Plaintiff asserts that the April 10 order was "case dispositive" and therefore appealable. Id. at 3. This assertion is without merit. Final judgment has not been entered with respect to the dismissed claims ( see 28 U.S.C. § 1291; Fed.R.Civ.P. 54(b)), and the April 10 order is not otherwise appealable ( see 28 U.S.C. § 1292). IT IS ORDERED that Plaintiff's motion for reconsideration (Dkt. #36) is denied.