Alaba O. Awofolu, Plaintiff-appellant, v. Regents of the University of California, et al., Defendants-appellees, 37 F.3d 1504 (9th Cir. 1994)

MEMORANDUM^** 

Alaba Awofolu appeals pro se the district court's notice of document discrepancies and refusal to file Awofolu's motion to convene a three-judge court. This court lacks jurisdiction over this appeal because the district court's order is not a "final order" appealable pursuant to 28 U.S.C. § 1291. Furthermore, Awofolu did not seek or obtain discretionary certification under 28 U.S.C. § 1292(b) to appeal the interlocutory order. We therefore lack jurisdiction to hear the appeal.

Appellees request sanctions against Awofolu for filing a frivolous appeal. Although we lack jurisdiction to consider the merits of this appeal we may impose sanctions under Fed. R. App. P. 38. Trohimovich v. Commissioner, 776 F.2d 873, 875 (9th Cir. 1985). We decline to do so.

DISMISSED.