Ester Burnett v. Doctor Bruce Faecher

361 F. App'x 900

Opinion

MEMORANDUM **

Ester Burnett, a California state prisoner, appeals pro se from the district court’s order dismissing some but not all of the defendants in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his medical care. We dismiss the appeal for lack of appellate jurisdiction.

We have an obligation to consider jurisdictional issues sua sponte. WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir.1997) (en banc). We generally have jurisdiction over only final orders of the district court. 28 U.S.C. § 1291. Without the district court’s certification pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, orders dismissing some but not all of the defendants are not appealable final orders. See Frank Briscoe Co. v. Morrison-Knudsen Co., 776 F.2d 1414, 1416 (9th Cir.1985); Maurer v. L.A. County Sheriff’s Dep’t, 691 F.2d 434, 436 n. 1 (9th Cir.1982) (“A dismissal as to some but not all defendants is not a final order as required by 28 U.S.C. § 1291, and is not appealable absent a certification under Fed.R.Civ.P. 54(b)”). Moreover, an order denying appointment of counsel is not an appealable final order. See Kuster v. Block, 773 F.2d 1048, 1049 (9th Cir.1985). Accordingly, we lack jurisdiction to consider the appeal.

Because we dismiss for lack of jurisdiction, we do not consider Burnett’s outstanding motions.

DISMISSED.

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