Remsen v. Daly

Ninth Circuit

Remsen v. Daly

85 F. App'x 582

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 8, 2004

DocketNo. 03-15871. D.C. No. CV-02-02587-FCD

StatusPublished

This text of 85 F. App'x 582 (Remsen v. Daly) 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.

Bluebook

Remsen v. Daly, 85 F. App'x 582 (9th Cir. 2004).

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Opinion

MEMORANDUM

**

Lawrence Remsen and seven other California state prisoners appeal pro se from the district court’s order denying reconsideration of the magistrate judge’s dismissal, with leave to amend, of their purported prisoner class action challenging the legality of various procedures used by the state of California in determining parole and good-time credits. We dismiss the appeal because a dismissal with leave to amend is not an appealable final decision. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136-37 (9th Cir.1997) (en banc). In the absence of any evidence that the district court intended otherwise, its denial of reconsideration of the magistrate judge’s order granting Appellants leave to amend does not constitute a final order dismissing their action.

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM

**

Lawrence Remsen and seven other California state prisoners appeal pro se from the district court’s order denying reconsideration of the magistrate judge’s dismissal, with leave to amend, of their purported prisoner class action challenging the legality of various procedures used by the state of California in determining parole and good-time credits. We dismiss the appeal because a dismissal with leave to amend is not an appealable final decision. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136-37 (9th Cir.1997) (en banc). In the absence of any evidence that the district court intended otherwise, its denial of reconsideration of the magistrate judge’s order granting Appellants leave to amend does not constitute a final order dismissing their action.

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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Bluebook (online)

85 F. App'x 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remsen-v-daly-ca9-2004.