U.S. Court of Appeals for the Ninth Circuit, 2010

S'klallam v. Lummi Indian Tribe

S'klallam v. Lummi Indian Tribe
U.S. Court of Appeals for the Ninth Circuit · Decided October 14, 2010 · Kozinski, Thomas, Smith
400 F. App'x 147

S'klallam v. Lummi Indian Tribe

Opinion

MEMORANDUM *

Our prior decision in this dispute sets forth the appropriate standard for jurisdiction under 28 U.S.C. § 1291: “[A] ruling is final for purposes of § 1291 if it (1) is a full adjudication of the issues, and (2) clearly evidences the judge’s intention that it be the court’s final act in the matter.” United States v. Lummi Indian Tribe, 235 F.3d 443, 448 (9th Cir. 2000) (quoting Nat’l Distribution Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir. 1997)). The current appeal satisfies neither requirement. The district court denied the motion “without prejudice to renewal as a new subproceeding” and even retained paper copies of the parties’ pleadings “so that [their] effort need not be duplicated.” The district court also explained that the parties’ substantive dispute “remains to be determined.” Accordingly, we lack jurisdiction over this appeal.

DISMISSED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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