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NOT FOR PUBLICATION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.