Melvin Harris Coleman, Petitioner-appellant, v. Wayne Estelle, Respondent-appellee, 977 F.2d 587 (9th Cir. 1992)

ORDER

In his petition for Writ of Habeas Corpus, Appellant Coleman raised only issues relating to the composition of the panel from which the trial jury was selected. However, in the Traverse to the Return filed by the State of California, Coleman raised new issues relating to his claimed right to be released on parole.

In its order of June 28, 1991, the district court denied the jury claims on the merits, and denied the claim raised in the traverse without prejudice. However, the court also said that it would consider Coleman's new claim "if he more clearly explains it to the Court," and "Petitioner may bring it before the Court again if he does it with greater specificity."

No further order was entered by the district court, and it appears that the Petition was not denied in its entirety. Accordingly, we lack jurisdiction over this appeal since there is no final order. 28 U.S.C. § 2253, Fed. R. Civ. P. 54(b). If Coleman refuses the district court's invitation to plead further, a final order may then be entered.

DISMISSED.