Legal Opinion
Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade
Court of Appeals for the Ninth Circuit
Decided May 15, 1972No. 71-2667PublishedCited by 1 opinion
1Per curiam
Eleanor M. Hemstreet appeals from an order dismissing her complaint, under Fed.R.Civ.P. 8.
A dismissal of a complaint, without dismissal of the action, is not a “final order” under 28 U.S.C. § 1291. Dockery v. Dockery, 437 F.2d 898 (9th Cir. 1971). No “special circumstances” here indicate that the complaint could not be saved by amendment. The order appealed from is not an appealable order. Jackson v. Nelson, 405 F.2d 872, 873 (9th Cir. 1968).
The appeal is accordingly dismissed for lack of appellate jurisdiction. Plaintiff may move in the district court for leave to file an amended complaint.…
2Cases cited3 opinions
- William David Potter v. Tom McCall Governor of the State of OregonCourt of Appeals for the Ninth Circuit · 1970
- Calvin Winston Jackson v. Louis S. Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin PrisonCourt of Appeals for the Ninth Circuit · 1968
- D. C. Dockery v. Albert Dockery and Sarah CalhounCourt of Appeals for the Ninth Circuit · 1971
3Cited by1 opinion
- James William Jones v. Peter J. Pitchess, Sheriff of Los Angeles County, Pat Shields, Sergeant in L. A. County Sheriff's Dept., Real Party in InterestCourt of Appeals for the Ninth Circuit · 1972