Susan Gallinger; Mark Tharp, Plaintiffs-appellants, v. B.d. Owens, Defendant,andmarvin Rosenblum; Unicorp Financial Corporation,defendants-appellees, 996 F.2d 1224 (9th Cir. 1993)

MEMORANDUM^** 

Susan Gallinger and Mark Tharp (collectively, "Gallinger") appeal the district court's order dismissing their action against Marvin Rosenblum and Unicorp Financial Corporation, who are two of the several named defendants in Gallinger's action. Gallinger also appeals the district court's order denying their motion to amend the judgment pursuant to Fed. R. Civ. P. 59(e).

The order of dismissal is not final; therefore, this court lacks jurisdiction to hear the appeal. See 28 U.S.C. §§ 1291, 1292(b). Moreover, the order denying the Rule 59(e) motion is not appealable because the underlying order of dismissal was not appealable. See Branson v. City of Los Angeles, 912 F.2d 334, 336 (9th Cir. 1990) ("when an underlying judgment is not final for purposes of [28 U.S.C. § 1291], the denial of a motion to alter such judgment cannot be final for such purposes either"). Accordingly, we dismiss Gallinger's appeal for lack of jurisdiction.

DISMISSED.