Jeffrey Herson v. City of Reno

Good Law
585 F. App'x 441
United States Court of Appeals for the Ninth CircuitOctober 16, 201411-17172California470 words

Opinion

Opinion

MEMORANDUM

Jeffrey Herson appeals the district court’s order of August 12, 2011 (the “Order”) dismissing his claims for lack of standing. We dismiss the appeal for lack of jurisdiction.

This court’s jurisdiction is limited to final decisions of the district court. 28 U.S.C. § 1291 . “Final decisions end the litigation on the merits and leave nothing for the court to do but execute the judgment.” Am. States Ins. Co. v. Dastar Corp., 318 F.3d 881, 884 (9th Cir.2003) (internal quotation marks and alterations omitted). “The final judgment rule promotes judicial efficiency, avoids multiplicity of litigation and minimizes delay by forbidding piecemeal disposition on appeal of what for practical purposes is a single controversy.” Id. (internal quotation marks and alterations omitted).

“[A]n order granting a motion to dismiss, standing alone, may not be appeal-able. In these cases, we have looked beyond the dismissal order and read the entire record to determine what effect the court intended its order to have.” Nat’l Distrib. Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433-34 (9th Cir.1997) (citation omitted). Specifically, “[ejvidence of intent consists of the Order’s content…

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