931 F2d 896 Boudette v. Coconino County

931 F.2d 896

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Gregory W. BOUDETTE, Plaintiff-Appellant,
v.
COCONINO COUNTY, Defendant-Appellee.

No. 90-16629.

United States Court of Appeals, Ninth Circuit.

Submitted April 29, 1991.*
Decided May 1, 1991.

Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

1

MEMORANDUM**

2

Gregory W. Boudette appeals pro se the district court's dismissal of Count I of his 42 U.S.C. Sec. 1983 complaint against Coconino County and John Blady. We dismiss this appeal for lack of a final appealable order.

3

Although the district court dismissed with prejudice Count I of Boudette's complaint, it dismissed the remainder of the complaint without prejudice. The district court's order dismissing allegations of the complaint, but not dismissing the underlying action, is not a final order and therefore, is not appealable under 28 U.S.C. Sec. 1291. See California v. Harvier, 700 F.2d 1217, 1219 (9th Cir.), cert. denied, 464 U.S. 820 (1983); see also Fed.R.Civ.P. 54(b).

4

DISMISSED.

*

The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

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 Circuit R. 36-3