From Casetext: Smarter Legal Research

Williams v. Nuchols

United States District Court, E.D. California
Aug 8, 2007
No. CIV S-04-1167 LKK EFB P (E.D. Cal. Aug. 8, 2007)

Opinion

No. CIV S-04-1167 LKK EFB P.

August 8, 2007


ORDER


Plaintiff is a prisoner without counsel seeking relief for civil rights violations. See 42 U.S.C. § 1983. On June 21, 2007, the court adopted the findings and recommendations of the magistrate judge and granted defendants' motion to dismiss. Plaintiff has filed an appeal from that order.

Except under special circumstances not present here, an order which dismisses a complaint without dismissing the action is not an appealable order. Williams v. Peters, 233 F.2d 618 (9th Cir. 1956). Since the order here in question dismissed only the complaint it is not appealable; therefore plaintiff's appeal is not taken in good faith.


Summaries of

Williams v. Nuchols

United States District Court, E.D. California
Aug 8, 2007
No. CIV S-04-1167 LKK EFB P (E.D. Cal. Aug. 8, 2007)
Case details for

Williams v. Nuchols

Case Details

Full title:STEVEN WILLIAMS, SR., Plaintiff, v. SERGEANT NUCHOLS, et al., Defendants

Court:United States District Court, E.D. California

Date published: Aug 8, 2007

Citations

No. CIV S-04-1167 LKK EFB P (E.D. Cal. Aug. 8, 2007)