Steven Wierzba v. Quality Loan Service, Corporat

FILED NOT FOR PUBLICATION MAR 08 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

STEVEN WIERZBA, No. 10-16034 Plaintiff - Appellant, D.C. No. 3:09-cv-03133-JSW v. MEMORANDUM * QUALITY LOAN SERVICE, CORPORATION; et al., Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH , Circuit Judges.

Steven Wierzba appeals pro se from the district court’s order dismissing his action arising out of foreclosure proceedings. We dismiss the appeal for lack of jurisdiction.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The district court dismissed two claims in Wierzba’s amended complaint without prejudice and granted leave to amend. Rather than filing a second amended complaint or obtaining a final order of dismissal from the district court, Wierzba filed a notice of appeal. We therefore lack jurisdiction. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136-37 (9th Cir. 1997) (en banc) (a dismissal with leave to amend is not a final order).

DISMISSED.

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