Opinion
No. 07-35655.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 20, 2008.
Curtis S. Thompson, Seattle, WA, pro se.
Darrin E. Bailey, Esquire, Stephen P. Larson, Esquire, Stafford Frey Cooper, Seattle, WA, for Defendant-Appellee.
Kerry Jane Keefe, Esquire, King County Prosecuting Attorney's Office, Civil Division/Tort Section, Seattle, WA, for Defendants.
Appeal from the United States District Court for the Western District of Washington; James L. Robart, District Judge, Presiding. D.C. No. CV-05-02064-JLR.
Before LEAVY, RYMER, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Curtis S. Thompson, a Washington state prisoner, appeals pro se from the district court's summary judgment for one police officer in Thompson's 42 U.S.C. § 1983 action alleging excessive force against several defendants. We dismiss.
We lack jurisdiction over this appeal because the district court did not certify its order pursuant to Federal Rule of Civil Procedure 54(b), and the action is stayed as to the remaining defendants. See 28 U.S.C. §§ 1291 1292.
Thompson's request to transfer this case to another circuit because of alleged bias is not persuasive.