Leonard Ashton v. Lynn Park Anna L. Daddazio United States Internal Revenue Service

29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leonard ASHTON, Plaintiff-Appellant, v. Lynn PARK; Anna L. Daddazio; United States Internal Revenue Service, Defendants-Appellees. No. 93-56507. United States Court of Appeals, Ninth Circuit. Submitted June 20, 1994. * Decided July 21, 1994. 1 Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges 2 MEMORANDUM ** 3 Leonard Ashton appeals pro se the district court's order granting the United States' motion for judgment on the pleadings and the Internal Revenue Service employees' motion to dismiss. This court lacks jurisdiction over this appeal because the district court's order is not a "final order" appealable pursuant to 28 U.S.C. Sec. 1291 . 4 Although the district court has not entered a final judgment, this fact alone does not deprive us of jurisdiction over the appeal. Hollywood v. City of Santa Maria, 886 F.2d 1228, 1229 (9th Cir.1989) (citing Bankers Trust Co. v. Mallis, 435 U.S. 381, 388 (1978) (per curiam)).…