Jose Salvadore Moreno v. Meg Jeffries Attorney General of the State of Arizona

Good Law
19 F.3d 28·1994 WL 77127·1994 U.S. App. LEXIS 11132
United States Court of Appeals for the Ninth CircuitMarch 9, 199493-16851California737 words

Opinion

Opinion

19 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Salvadore MORENO, Petitioner-Appellant, v. Meg JEFFRIES; Attorney General of the State of Arizona, Respondents-Appellees. No. 93-16851. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 9, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Jose Salvadore Moreno appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Moreno alleges that the trial court improperly excluded testimony regarding an earlier and unrelated investigation. We conclude that Moreno'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. Dep't of Corrections, 434 U.S. 257,…

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