ELEANOR M. HEMSTREET, MEMBER, CONCERNED CITIZENS OF JUSTICE, INC., APPELLANT,
v.
EDWARD C. SCHADE ET AL., APPELLEES
ELEANOR M. HEMSTREET, MEMBER, CONCERNED CITIZENS OF JUSTICE, INC., APPELLANT,
EDWARD C. SCHADE ET AL., APPELLEES
459 F.2d 49
United States Court of Appeals for the Ninth Circuit (1972)
Positive Treatment
Cited by 2 cases
Topics
Explore caselaw by topic → Browse Final Order cases and more on FLexlaw
Opinion of the Court
PER 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. Thereafter, further proceedings should be governed by the procedure outlined in Potter v. McCall, 433 F. 2d 1087 (9th Cir. 1970).
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. Pitchess, 469 F.2d 678 (9th Cir. 1972)
Authorities Cited
- Potter v. McCALL, 433 F.2d 1087 (9th Cir. 1970)
- Jackson v. Nelson, 405 F.2d 872 (9th Cir. 1968)
- Dockery v. Dockery, 437 F.2d 898 (9th Cir. 1971)