Joseph P. Shelton v. Wayne Estelle, Warden

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 P. SHELTON, Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee. No. 92-17061. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 15, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Joseph P. Shelton, a California state prisoner, appeals the district court's order dismissing in part and staying in part his petition for a writ of habeas corpus. We conclude that Shelton's notice of appeal was premature, and we dismiss the appeal for lack of jurisdiction. 3 Title 28 U.S.C. Sec. 2253 provides that an appeal in a habeas corpus proceeding may only be taken from the "final order." 28 U.S.C. Sec. 2253 (emphasis added); see also Browder v. Director, Ill. Dept. of Corrections, 434 U.S. 257, 265 (1978); Van Pilon v. Reed, 799 F.2d 1332, 1335 (9th Cir.1986). "Title 28 U.S.C. Sec. 2253 establishes the issuance of a certificate of probable…