Gary St. Hilaire v. State of Arizona

76 F.3d 388 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary ST. HILAIRE, Plaintiff-Appellant, v. STATE OF ARIZONA, et al., Defendants-Appellees. No. 95-17012. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 9, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 This appeal challenges the district court's September 28, 1995 order denying appellant's request for preliminary injunctive relief as moot pursuant to the court's simultaneous dismissal of the cause of action upon which the request was based. While this court generally does not have jurisdiction to review the dismissal of one claim until the entry of final judgment, such an order may be reviewed in the context of an appeal from the denial of injunctive relief. See 28 U.S.C. § 1292 (a)(1) (order denying request for preliminary injunction is appealable); Sierra Club v. Department of Transportation, 948 F.2d 568, 571 (9th Cir.1991) (partial…