Cora Benoza v. Target Personnel Services

62 F.3d 1423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cora BENOZA, Plaintiff-Appellant, v. TARGET PERSONNEL SERVICES, Defendant-Appellee. No. 95-15047. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 7, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Cora B. Benoza appeals pro se the district court's sua sponte dismissal of her complaint for lack of subject matter jurisdiction pursuant to 28 U.S.C. Sec. 1915 (d). The district court's dismissal was without prejudice. We dismiss the appeal for lack of jurisdiction. 3 A dismissal without prejudice is usually not a final appealable order. McGuckin v. Smith, 974 F.2d 1050, 1053 (9th Cir. 1992). "Ordinarily, an order dismissing a complaint but not the underlying action is not a final order and is, therefore, not appealable under 28 U.S.C. Sec. 1291 (1976). We may regard such an order as final and appealable only if the record shows 'special…