97 F. 3d 1462 - United States v. Home Electronics Entertainment C
97 F3d 1462 United States v. Home Electronics Entertainment C
97 F.3d 1462
UNITED STATES of America, Plaintiff-Appellee,
v.
HOME ELECTRONICS ENTERTAINMENT, Defendant,
and
Peter C. Macfarlane, a/k/a Richard w. Parker, Claimant-Appellant.
No. 95-35305.
United States Court of Appeals, Ninth Circuit.
Submitted Sept. 23, 1996.*
Decided Sept. 25, 1996.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges.
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MEMORANDUM**
Peter C. Macfarlane, a federal prisoner in New York, appeals pro se the district court's order granting plaintiff's motion to transport Macfarlane to Oregon for an oral deposition. The district court's order is not a final, appealable order pursuant to 28 U.S.C. § 1291, see Bank of America v. Feldman (In re National Mortgage Equity Corp. Mortgage Pool Certificates Litig.), 821 F.2d 1422, 1423 (9th Cir.1987), nor is it appealable pursuant to 28 U.S.C. § 1292(b), see City of Las Vegas v. Foley, 747 F.2d 1294, 1297 (9th Cir.1984). Macfarlane has also failed to establish that this court has jurisdiction under the collateral order doctrine, which is generally not applied to pretrial discovery orders. See Bank of America, 821 F.2d at 1424-25. Accordingly, we dismiss this appeal for lack of jurisdiction. See id. at 1423-25; City of Las Vegas, 747 F.2d at 1297.
DISMISSED.