Russell Bailey, Plaintiff-appellant, v. Scott Lawford, Five Unknown San Diego Police Officers, Bobburgreen, and the City of San Diego, 53 F.3d 349 (Fed. Cir. 1995)
Annotate this CaseBefore BRYSON, Circuit Judge.
ON DISMISSAL
ORDER
BRYSON, Circuit Judge.
The court sua sponte considers whether Russell Bailey's appeal should dismissed.
Bailey initiated a 42 U.S.C. § 1983 civil rights suit against the City of San Diego and various of its employees. On March 9, 1995, the United States District Court for the Southern District of California dismissed the action with prejudice. Bailey filed a notice of appeal in the district court directed to this court rather than to the United States Court of Appeals for the Ninth Circuit.
This court has jurisdiction to review certain final decisions of district courts. See 28 U.S.C. § 1295. Because this appeal does not fall within the category of cases reviewable in this court, this court is without jurisdiction. Jurisdiction over this appeal properly lies with the Ninth Circuit.
Accordingly,
IT IS ORDERED THAT:
(1) Bailey's appeal is dismissed.
(2) Each side shall bear its own costs.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
