Unpublished Disposition, 849 F.2d 1475 (9th Cir. 1988)

ORDER

This matter came before this panel for argument on May 12, 1988. Although the district court dismissed with prejudice plaintiff's 42 U.S.C. § 1983 claim, it dismissed the remainder of the complaint without prejudice. The district court's order dismissing allegations of the complaint, but not dismissing the underlying action, is not a final order and is, therefore, not appealable under 28 U.S.C. § 1291. State of California v. Harvier, 700 F.2d 1217, 1219 (9th Cir.), cert. denied, 464 U.S. 820 (1983); Dockrey v. Dockrey, 437 F.2d 898, 898 (9th Cir. 1971). See Fed. R. Civ. P. 54(b). It appears that at least some of the remaining claims are not yet barred by the statute of limitations, and may still be pursued through refiling and proper service. This court, however, must dismiss this appeal for lack of a final, appealable order disposing of the entire underlying action. Accordingly, the appeal is dismissed.