Opinion
No. 08-16431.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 6, 2009.
W. Reginald Rose, Jr., Las Vegas, NV, pro se.
Laura J. Rose, Las Vegas, NV, pro se.
J. Christopher Jorgensen, Esquire, Daniel F. Polsenberg, Lewis and Roca LLP, Las Vegas, NV, for Defendant-Appellee.
Appeal from the United States District Court for the District of Nevada, James C. Mahan, District Judge, Presiding. D.C. No. 2:07-CV-01504-JCM-GWF.
Before PAEZ, TALLMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
W. Reginald Rose, Jr., and Laura J. Rose appeal pro se from the district court's order dismissing their civil rights complaint for failing to comply with Rule 8 of the Federal Rules of Civil Procedure. We dismiss the appeal for lack of jurisdiction.
The district court dismissed the Roses' complaint without prejudice and granted leave to amend. Rather than filing an amended complaint or obtaining a final order of dismissal from the district court, the Roses filed a notice of appeal. We therefore lack jurisdiction. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136-37 (9th Cir. 1997) (en banc) (holding that a district court's dismissal that expressly grants leave to amend is not final, and that a final judgment must be obtained before such a case becomes appealable).