Salman v. Rose

Full title: Albert R. SALMAN, Plaintiff--Appellant, v. Robert E. ROSE…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2001

4 F. App'x 473 (9th Cir. 2001)

Opinion

4 Fed.Appx. 473 (9th Cir. 2001) Albert R. SALMAN, Plaintiff--Appellant, v. Robert E. ROSE, Defendant--Appellee. No. 00-16546. D.C. No. CV-00-00037-JLQ. United States Court of Appeals, Ninth Circuit. February 22, 2001

Submitted February 12, 2001. ¹

1 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Civil rights action was brought. The United States District Court for the District of Nevada, Justin L. Quackenbush, Senior Judge, granted defendant's motion to dismiss. Plaintiff appealed. The Court of Appeals held that partial order of dismissal which granted defendant's motion to dismiss in civil rights action was not a final, appealable judgment.

Appeal dismissed.

Appeal from the United States District Court for the District of Nevada, Justin L. Quackenbush, Senior Judge, Presiding.

Before GOODWIN, LEAVY, and THOMAS, Circuit Judges.

MEMORANDUM ²

2 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.

Albert R. Salman appeals pro se the district court's partial order of dismissal which granted the motion to dismiss filed by Nevada Supreme Court Chief Justice Robert Rose in Salman's 42 U.S.C. § 1983 action alleging violations of his civil rights.

Rose's motion to dismiss is GRANTED and the 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).