Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Jason Saunders, Coalinga, CA, pro se.
Constance L. Picciano, Esq., Sacramento, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. CV-02-05806-OWW.
Before: PREGERSON, T.G. NELSON, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
California state prisoner Jason Saunders appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action. We dismiss the appeal.
Page 528.
On February 4, 2005, the district court dismissed Saunders's action for failure to follow the court's order to effect service. On February 9, 2005, Saunders filed a notice of appeal. On August 29, 2006, the district court granted Saunders's motion for reconsideration, and vacated its order of February 4, 2005. Therefore, there is no longer a final decision to review. See 28 U.S.C. § 1291.
DISMISSED.