Joseph A. Parise v. California Highway Patrol

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph A. PARISE, Plaintiff-Appellant, v. CALIFORNIA HIGHWAY PATROL, Defendant-Appellee. No. 89-15365. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1989. * Decided Dec. 18, 1989. Before EUGENE A. WRIGHT, HUG, and LEAVY, Circuit Judges. 1 ORDER DISMISSING FOR LACK OF JURISDICTION ** 2 Joseph A. Parise appeals the dismissal of his complaint against the California Highway Patrol. We dismiss for lack of jurisdiction. 3 The district court entered an order dismissing the complaint on the government's motion under Fed.R.Civ.P. 12(b)(6). No final judgment was entered. This circuit does not ordinarily allow appeal from an order dismissing the complaint rather than the action. Gerritson v. de la Madrid Hurtado, 819 F.2d 1511 , 1514 (9th Cir.1987); Jackson v. Nelson, 405 F.2d 872 (9th Cir.1968). We lack jurisdiction in such cases because there is no "final decision" to be appealed. 28 U.S.C. § 1291…