Unpublished Disposition, 931 F.2d 896 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 931 F.2d 896 (9th Cir. 1991)

Gregory W. BOUDETTE, Plaintiff-Appellant,v.COCONINO COUNTY, Defendant-Appellee.

No. 90-16629.

United States Court of Appeals, Ninth Circuit.

Submitted April 29, 1991.^* Decided May 1, 1991.

Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

MEMORANDUM^**

Gregory W. Boudette appeals pro se the district court's dismissal of Count I of his 42 U.S.C. § 1983 complaint against Coconino County and John Blady. We dismiss this appeal for lack of a final appealable order.

Although the district court dismissed with prejudice Count I of Boudette's complaint, 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 therefore, is not appealable under 28 U.S.C. § 1291. See California v. Harvier, 700 F.2d 1217, 1219 (9th Cir.), cert. denied, 464 U.S. 820 (1983); see also Fed. R. Civ. P. 54(b).

DISMISSED.

The panel unanimously finds this case suitable for disposition 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 Circuit R. 36-3

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