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Johannes v. DeMorales

United States Court of Appeals, Ninth Circuit
Apr 4, 2005
125 F. App'x 160 (9th Cir. 2005)

Opinion

Submitted March 23, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Gerald Johannes, West Vancouver, B.C., Canada, pro se.


Appeal from the United States District Court for the Central District of California, Dickran M. Tevrizian, Presiding. D.C. No. CV-02-09140-DT.

Before: B. FLETCHER, TROTT and SILVERMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Gerald Johannes appeals the district court's denial of his motion for reconsideration of its order staying his 42 U.S.C. § 1983 action pending the outcome of James Hydrich, et al., v. Peter Wilson, et al., CV-98-7167, a related federal class action, in which he is a class member. We dismiss the appeal for lack of jurisdiction. See Silberkleit v. Kantrowitz, 713 F.2d 433, 434 (9th Cir.1983) (noting that orders granting stays are generally not appealable final orders unless the order places the party "effectively out of court.").

DISMISSED.


Summaries of

Johannes v. DeMorales

United States Court of Appeals, Ninth Circuit
Apr 4, 2005
125 F. App'x 160 (9th Cir. 2005)
Case details for

Johannes v. DeMorales

Case Details

Full title:Gerald JOHANNES, Plaintiff--Appellant, v. Jon DEMORALES, et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 4, 2005

Citations

125 F. App'x 160 (9th Cir. 2005)