Unpublished Disposition, 940 F.2d 1535 (9th Cir. 1991)

MEMORANDUM^** 

Richard Navarro appeals pro se the district court's order dismissing his 42 U.S.C. § 1983 action as to defendants Robert Borg and James Rowland for failure to state a claim. We dismiss this appeal for lack of subject matter jurisdiction.

Navarro filed his section 1983 civil rights action in the district court against defendants Robert Borg, James Rowland, Ronald Bickford, and James Brazil, employees of the California Department of Corrections. On December 7, 1990, the district court entered an order dismissing Navarro's action. On January 9, 1991, however, the district court filed a second order vacating its December 7, 1990 order, and dismissing Navarro's action only as to defendants Borg and Rowland. The January 9, 1991 order indicates that the action is still proceeding against defendants Bickford and Brazil.

An order is not appealable unless it disposes of all claims as to all parties, or judgment is entered in compliance with Fed. R. Civ. P. 54(b). See Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981).

Because the district court's December 9, 1990 order did not dispose of all of the claims of all of the parties, and because there is no Rule 54(b) certification, the order appealed from is not a final, appealable order. See Chacon, 640 F.2d at 222. Accordingly, we dismiss this appeal for lack of subject matter jurisdiction.

DISMISSED.