John Steel, IV v. City of San Diego

U.S. Court of Appeals for the Ninth Circuit

John Steel, IV v. City of San Diego

Opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JAN 18 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS JOHN FREMONT STEEL, IV, No. 10-56079

Plaintiff - Appellant, D.C. No. 3:09-cv-01743-MMA-

WVG v. CITY OF SAN DIEGO; et al., MEMORANDUM*

Defendants - Appellees. JOHN FREMONT STEEL, IV, No. 10-56193

Plaintiff - Appellant, D.C. No. 3:09-cv-01743-MMA-

WVG v. CITY OF SAN DIEGO; et al.,

Defendants - Appellees.

Appeal from the United States District Court

for the Southern District of California

Michael M. Anello, District Judge, Presiding

Argued and Submitted January 11, 2012

Pasadena, California

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: KOZINSKI, Chief Judge, REINHARDT and W. FLETCHER, Circuit Judges.

Under Fed. R. Civ. P. 54(b), a district court “may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay.” Because the district court did not make such a determination in the judgment before us, that judgment is not final. See Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981). We therefore dismiss these appeals for lack of jurisdiction under 28 U.S.C. § 1291.

DISMISSED.

Reference

Status
Unpublished