Fred MacDonald v. United States

MEMORANDUM

Appellant Fred Kenneth MacDonald voluntarily dismissed his case without prejudice after the district court dismissed some of his claims based on motions of the government and the individual defendants. On appeal, he seeks review of the district court’s orders regarding those motions to dismiss. We lack jurisdiction over his appeal.

“Under the final judgment rule embodied in 28 U.S.C. § 1291 , the courts of appeal have jurisdiction over ‘appeals from all final decisions of the district courts of the United States.’” Couch v. Telescope Inc., 611 F.3d 629, 632 (9th Cir.2010). In general, “[a] district court order is ... not appealable unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b).” Romoland Sch. Dist. v. Inland Empire Energy Ctr., 548 F.3d 738, 747 (9th Cir.2008). And a “voluntary dismissal without prejudice is ordinarily not a final judgment from which the plaintiff may appeal.” Concha v. London, 62 F.3d 1493, 1507 (9th Cir.1995) (emphasis omitted).

We have recognized two exceptions to this general rule. See James v. Price Stern Sloan, Inc., 283 F.3d 1064, 1066-69 (9th…