889 F. 2d 1094 - Cello-Whitney v. King

889 F2d 1094 Cello-Whitney v. King

889 F.2d 1094

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

James CELLO-WHITNEY, Jr., Plaintiff-Appellant,
v.
Correction Officer KING, Defendant-Appellee.

No. 88-4348.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 30, 1989.*
Decided Nov. 15, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Appellant Cello-Whitney appeals pro se from the district court's order dismissing his claims without prejudice pursuant to 28 U.S.C. Sec. 1915(d), and imposing a standing order requiring him to meet certain filing requirements with respect to any subsequently filed pro se and in forma pauperis civil rights or habeas corpus action in the Western District of Washington.

3

We have no jurisdiction to hear this appeal under 28 U.S.C. Sec. 1291 because the district court did not issue a final, appealable order here. See Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n. 1 (9th Cir.1984) ("order dismissing a complaint but not dismissing the action [ordinarily] is not appealable ..."). Therefore, this appeal is

4

DISMISSED.

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a), Ninth Circuit Rule 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 Ninth Circuit Rule 36-3