John Badea v. Employers Health Insurance Co. Orco Construction Company, and Rick Hewitt

26 F.3d 129 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John BADEA, Plaintiff-Appellant, v. EMPLOYERS HEALTH INSURANCE CO., et al.; Orco Construction Company, and Rick Hewitt, Defendants-Appellees. No. 93-15227. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided May 27, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 John Badea appeals pro se the district court's summary judgment for defendants in Badea's action alleging that defendants violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. Secs. 1961-68 . We dismiss this appeal for lack of jurisdiction. 3 The district court's December 3, 1991 order dismissing Badea's RICO claim but granting Badea leave to amend his ERISA claim was not a final, appealable order. See Proud v. United States, 704 F.2d 1099, 1100 (9th Cir.1983) (per curiam). Thus, Badea's notice of appeal filed on December 18, 1991 was ineffective. See id. The…