John Fletcher Pendergrass, Plaintiff-appellant, v. Gary W. Deland, Executive Director of the Utah Department Ofcorrections; Tamara M. Holden, As Warden of the Utah Stateprison; Paul Rasmussen, As an Inmate Disciplinary Hearingofficer, Defendants-appellees, 947 F.2d 954 (10th Cir. 1991)

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Mr. Pendergrass is a state inmate. He filed a pro se complaint setting forth several disciplinary actions taken against him by prison officials and basically alleged denial of due process. The matter was referred to a magistrate judge who concluded the suit should be dismissed under 28 U.S.C. § 1915.

The trial court dismissed the suit under 28 U.S.C. § 1915(d) as to two of the defendants and allowed Mr. Pendergrass twenty days to file an amended complaint against the third defendant. It is this order that Mr. Pendergrass appeals pro se.

The order appealed is not a final order and we therefore have no jurisdiction. See Grandbouche v. Clancy, 825 F.2d 1463, 1468 (10th Cir. 1987); Adult Film Ass'n of America, Inc. v. Thetford, 776 F.2d 113 (5th Cir. 1985).

The appeal is DISMISSED. The mandate shall issue forthwith.