Unpublished Disposition, 919 F.2d 741 (9th Cir. 1989)

MEMORANDUM^** 

Hegge appeals the district court's order closing the file in his civil rights case, subject to reopening upon a showing of good cause. We note lack of jurisdiction for want of a final appealable decision, and dismiss his appeal. 28 U.S.C. § 1291.

FACTS AND PRIOR PROCEEDINGS

In 1986, while he was a federal boarder at the Spokane County Jail, Hegge filed a section 1983 action against the County Sheriff and the County Jail Commander. On August 2, 1989, Judge Quackenbush wrote Hegge a letter indicating the court's awareness of his current confinement in Wisconsin, where he was appealing a murder conviction. The court also noted Hegge's pending sentence in federal court as well as his murder conviction in Washington.

The judge wrote:

With the pending criminal appeals, it seems to me that it may be in your best interest to either dismiss without prejudice the civil rights actions pending in this court or to stay them in order that you may devote your entire attention to the appeal of the criminal convictions which, unless overturned, may well result in your incarceration for the rest of your life.

Hegge did not respond. The court entered an order in November 1989, referring to the letter and closing Hegge's file, subject to reopening upon a showing of good cause. Hegge appeals.

ANALYSIS

Pursuant to 28 U.S.C. § 1291, this court has jurisdiction to hear appeals from final decisions of the district courts. It does not have jurisdiction over interlocutory or non-final orders. Roy v. Volkswagenwerk Aktiengesellschaft, 781 F.2d 670, 671 (9th Cir. 1985) (order granting a new trial is not appealable under section 1291). See also 9 J. Moore, Moore's Federal Practice paragraphs 110.07-08, 110.13 (2d ed. 1990).

This order was not a final decision. By its own terms, it provided that the file was subject to reopening upon a showing of good cause. The complaint was not ordered dismissed, and Hegge has not yet petitioned the district court to reopen. A final decision has not been entered. See Proud v. United States, 704 F.2d 1099, 1100 (9th Cir. 1983) (order dismissing complaint is not appealable unless district court necessarily determined that complaint could not be saved by amendment).

There is no statute of limitations bar to reopening the file. The statute of limitations for a prisoner's federal civil rights case is tolled by Washington law if the prisoner is serving a life sentence with possibility of parole. Bianchi v. Bellingham Police Department, 909 F.2d 1316, 1318-19 (9th Cir. 1990); see also Bianchi v. Kincheloe, 714 F. Supp. 443, 444 (E.D. Wash. 1989) (opinion by Judge Quackenbush).

Appeal DISMISSED.