Thompson v. Dereta
| Decision Date | 20 April 1983 |
| Docket Number | No. 82-2369,82-2369 |
| Citation | 709 F.2d 1343 |
| Parties | Michael C. THOMPSON, Plaintiff-Appellant, v. Nickolas DERETA, Robert Swehla, James Gober and John Does 1 Through 6, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.
In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.
This is an appeal from an order dismissing plaintiff's complaint, but with leave to amend. The record indicates that plaintiff's amended complaint is still pending.
It is well settled that dismissal of a complaint is not an appealable order unless, in a practical sense, the district court, 549 F.Supp. 297, dismisses the action as well. Petty v. Manpower, Inc., 591 F.2d 615 (10th Cir.1979). In this case, we conclude that the appeal is premature and must be dismissed. There is no indication that the plaintiff will be precluded from taking a proper appeal, if necessary, after the district court enters a final dispositive order. See 10th Cir.R. 17(b).
The appeal is DISMISSED.
The mandate shall issue forthwith.
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...to constitute a property or liberty interest. See Thompson v. Dereta, 549 F.Supp. 297, 299 (D. Utah 1982), appeal dismissed, 709 F.2d 1343 (10th Cir.1983).27 B. Second Amendment. The Second Amendment to the United States Constitution guarantees to all Americans the right "to keep and bear a......
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...a plaintiff's action as well." Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979) (per curiam)); see also Thompson v. Dereta, 709 F.2d 1343, 1344 (10th Cir.1983) ("It is well settled that dismissal of a complaint is not an appealable order unless, in a practical sense, the district ......
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