United States v. James Edward Evanson

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Edward EVANSON, Defendant-Appellant. No. 93-30116. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 30, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 James Edward Evanson appeals pro se the district court's denial of his motions for summary judgment and bail in his 28 U.S.C. Sec. 2255 motion to vacate his sentence. 3 "The denial of a motion for summary judgment 'is an interlocutory order from which no appeal is available until the entry of judgment following the trial on the merits.' " Hopkins v. City of Sierra Vista, Ariz., 931 F.2d 524, 529 (9th Cir.1991) (quotation marks omitted) (quoting Kraus v. County of Pierce, 793 F.2d 1105, 1107 (9th Cir.1986), cert. denied, 480 U.S. 932 (1987)). In certain circumstances, a premature notice of appeal from a nonfinal order may be cured where,…