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John Steel, IV v. City of San Diego

Court of Appeals for the Ninth Circuit · 10-56079 · 2012-01-18 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Michael M. Anello (district judge)
Outcome
dismissed — DISMISSED.
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

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NOT FOR PUBLICATION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.