Vincent Sharnee Johnson v. Eddie Ylst, Warden Ward Brown, Chief Medical Officer

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent Sharnee JOHNSON, Plaintiff-Appellant, v. Eddie YLST, Warden; Ward Brown, Chief Medical Officer, Defendants-Appellees. No. 93-15691. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Vincent Sharnee Johnson, a California state prisoner, appeals pro se the district court's order granting summary judgment to defendant Ylst. We conclude that we lack jurisdiction for want of a final appealable order, and we dismiss the appeal. 3 While neither party has raised the issue of jurisdiction, we consider our jurisdiction sua sponte. Hoohuli v. Ariyoshi, 741 F.2d 1169 , 1171 n. 1 (9th Cir.1985). A district court order dismissing some but not all of the defendants is not a "final decision" appealable under 28 U.S.C. Sec. 1291 . McGuckin v. Smith, 974 F.2d 1050 , 1053 n. 1 (9th Cir.1992); Patchick v.…