Teresa Marnell, et al., Plaintiffs-appellants, v. Edwin Miller, et al., Defendants-appellees, 51 F.3d 281 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 51 F.3d 281 (9th Cir. 1995) Submitted March 21, 1995. *Decided March 29, 1995

Appeal from the United States District Court, for the Southern District of California, D.C. No. CV-94-00766-JNK; Judith N. Keep, Chief Judge, Presiding.

Before: SNEED, POOLE, and BRUNETTI, Circuit Judges.

MEMORANDUM*

Teresa Marnell, and her child, Blair, appeal pro se the district court's Fed. R. Civ. P. 12(b) (6) dismissal for failure to state a claim of Marnell's 42 U.S.C. § 1983 action against the County of San Diego, former San Diego District Attorney Edwin Miller and San Diego County Deputy District Attorney Ralph Fear. The district court, however, did not dismiss Marnell's claims against defendant Thomas Wadell, and, therefore, Marnell does not appeal from a final appealable judgment. See Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981) (a final decision determines all claims or liabilities of all parties). Accordingly, Marnell's appeal is dismissed for lack of jurisdiction.

DISMISSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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