911 F. 2d 738 - Irk v. D Harris
911 F2d 738 Irk v. D Harris
911 F.2d 738
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
John Michael IRK, Plaintiff-Appellant,
v.
Morgan D. HARRIS, et al., Defendants-Appellees.
No. 89-16466.
United States Court of Appeals, Ninth Circuit.
Submitted Aug. 20, 1990.*
Decided Aug. 22, 1990.
Before TANG, ALARCON and WIGGINS, Circuit Judges.
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MEMORANDUM**
John Michael Irk, a Nevada state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. Sec. 1983 complaint against several public defenders without prejudice under 28 U.S.C. Sec. 1915(d). The district court's order dismissed the complaint without prejudice and granted leave to amend.1 Therefore, we do not have jurisdiction to hear this appeal under 28 U.S.C. Sec. 1291 because the district court did not issue a final, appealable order. See Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n. 1 (9th Cir.1984) ("[o]rdinarily an order dismissing a complaint but not dismissing the action is not appealable under section 1291"). Accordingly, this appeal is dismissed.
DISMISSED.
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
The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4. Accordingly, Irk's request for oral argument is denied
To state a claim against public defenders, a section 1983 plaintiff must allege specific facts showing that they engaged in a conspiracy with state officials to deprive the plaintiff of federal rights. Tower v. Glover, 467 U.S. 914, 923 (1984)