UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
April 6, 2011
NELSON LOUIS THOMAS,
PLAINTIFF - APPELLANT,
STEVE MO, DR.; ET AL.,
DEFENDANTS - APPELLEES.
D.C. No. 2:10-cv-01237-GEB-DAD U.S. District Court for Eastern California, Sacramento
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
The judgment of this Court, entered March 15, 2011, takes effect this date.
This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.
FOR THE COURT: Molly C. Dwyer Clerk of Court /s/ Theresa Benitez Deputy Clerk
FILED MAR 15 2011
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS
NELSON LOUIS THOMAS, Plaintiff - Appellant, v. STEVE MO, Dr.; et al., Defendants - Appellees.
D.C. No. 2:10-cv-01237-GEB Eastern District of California, Sacramento
Before: LEAVY, TASHIMA, and BYBEE, Circuit Judges.
A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. § 1291; Wilborn v. Escalderon, 789 F.2d 1328 (9th Cir. 1986) (denial of appointment of counsel in civil case is not appealable); see also WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissal of complaint with leave to amend is not appealable). Consequently, this appeal is dismissed for lack of jurisdiction.
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