Unpublished Disposition, 931 F.2d 896 (9th Cir. 1991)
Annotate this CaseGregory W. BOUDETTE, Plaintiff-Appellant,v.COCONINO COUNTY, Defendant-Appellee.
No. 90-16629.
United States Court of Appeals, Ninth Circuit.
Submitted April 29, 1991.* Decided May 1, 1991.
Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Gregory W. Boudette appeals pro se the district court's dismissal of Count I of his 42 U.S.C. § 1983 complaint against Coconino County and John Blady. We dismiss this appeal for lack of a final appealable order.
Although the district court dismissed with prejudice Count I of Boudette's complaint, it dismissed the remainder of the complaint without prejudice. The district court's order dismissing allegations of the complaint, but not dismissing the underlying action, is not a final order and therefore, is not appealable under 28 U.S.C. § 1291. See California v. Harvier, 700 F.2d 1217, 1219 (9th Cir.), cert. denied, 464 U.S. 820 (1983); see also Fed. R. Civ. P. 54(b).
DISMISSED.
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