Michael C. Thompson v. Nickolas Dereta, Robert Swehla, James Gober and John Does 1 Through 6
This text of 709 F.2d 1343 (Michael C. Thompson v. Nickolas Dereta, Robert Swehla, James Gober and John Does 1 Through 6) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER AND JUDGMENT
In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.
This is an appeal from an order dismissing plaintiffs complaint, but with leave to amend. The record indicates that plaintiffs amended complaint is still pending.
It is well settled that dismissal of a complaint is not an appealable order unless, in a practical sense, the district court, 549 F.Supp. 297, dismisses the action as well. Petty v. Manpower, Inc., 591 F.2d 615 (10th Cir.1979). In this case, we conclude that the appeal is premature and must be dismissed. There is no indication that the plaintiff will be precluded from taking a proper appeal, if necessary, after the district court enters a final dispositive order. See 10th Cir.R. 17(b).
The appeal is DISMISSED.
The mandate shall issue forthwith.
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709 F.2d 1343, 1983 U.S. App. LEXIS 28706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-c-thompson-v-nickolas-dereta-robert-swehla-james-gober-and-john-ca10-1983.