Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade

Ninth Circuit

Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade

459 F.2d 49

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 15, 1972

Docket71-2667

StatusPublished

Cited by1 cases

This text of 459 F.2d 49 (Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade, 459 F.2d 49 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

Eleanor M. Hemstreet appeals from an order dismissing her complaint, under Fed.R.Civ.P. 8.

A dismissal of a complaint, without dismissal of the action, is not a “final order” under 28 U.S.C. § 1291. Dockery v. Dockery, 437 F.2d 898 (9th Cir. 1971). No “special circumstances” here indicate that the complaint could not be saved by amendment. The order appealed from is not an appealable order. Jackson v. Nelson, 405 F.2d 872, 873 (9th Cir. 1968).

The appeal is accordingly dismissed for lack of appellate jurisdiction. Plaintiff may move in the district court for leave to file an amended complaint. Thereafter, further proceedings should be governed by the procedure outlined in Potter v. McCall, 433 F.2d 1087 (9th Cir. 1970).

Dismissed.

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