Yourke v. City of San Francisco
Opinion of the Court
MEMORANDUM
The Defendants appeal from the district court’s order denying a motion for qualified immunity. We dismiss the appeal for lack of appellate jurisdiction.
A review of the record reveals that we lack jurisdiction over this appeal because the district court’s order was not a final decision within the meaning of 28 U.S.C. § 1291.
In this case, both parties filed motions for summary judgment on the issue of qualified immunity. The district court did not issue a final merits decision on either motion. Rather, the district court denied both motions without prejudice and stayed further proceedings in the district court pending resolution by this Court of a parallel case, Bull, et al., v. City and County of San Francisco, et al., No. 06-15566. The district court granted the parties leave
Generally, an order staying proceedings is not appealable unless the order would impose an indefinite or lengthy stay that would put the parties “effectively out of court.” Blue Cross and Blue Shield of Alabama v. Unity Outpatient Surgery Center, Inc., 490 F.3d 718, 723 (9th Cir. 2007) (quoting Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 10, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983)). Such is not the case here.
Under these circumstances, the district court’s decision was not a final order within the meaning of 28 U.S.C. § 1291, and we lack appellate jurisdiction over this interlocutory appeal.
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Steven R. YOURKE v. CITY AND COUNTY OF SAN FRANCISCO Michael Hennessey, Sheriff Robert Gallot, Sheriff
- Cited By
- 2 cases
- Status
- Published