John Allen Smith, Plaintiff-appellant, v. Craig Jorgenson; Clark County Public Defender's Office,defendants-appellees, 68 F.3d 481 (9th Cir. 1995)

Annotate this Case

U.S. Court of Appeals for the Ninth Circuit - 68 F.3d 481 (9th Cir. 1995) Submitted Oct. 11, 1995. *Decided Oct. 20, 1995

Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges.

MEMORANDUM^**

John Allen Smith, a Nevada state prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint alleging violations of his right to a fair trial. We lack jurisdiction over this appeal and dismiss.

An order dismissing the complaint but not dismissing the action ordinarily is not appealable under 28 U.S.C. § 1291. Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n.1 (9th Cir. 1984). Here, the district court dismissed Smith's complaint without prejudice and with leave to refile his complaint upon the exhaustion of state remedies. Accordingly, we dismiss for lack of jurisdiction. See id.

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

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.