John S. Pieri v. Dammasch State Hospital

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 S. PIERI, Plaintiff-Appellant, v. DAMMASCH STATE HOSPITAL, Defendant-Appellee. No. 94-35970. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1996. * Decided Feb. 20, 1996. Before: NOONAN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 John S. Pieri appeals pro se the district court's dismissal of his action against Dammasch State Hospital ("Dammasch"). His complaint alleged that Dammasch violated federal civil rights laws regarding discrimination against the handicapped in barring him from a training class at Dammasch. The district court dismissed the complaint for failure to state a claim. 3 The defendant, citing no authority, first questions this court's jurisdiction because Pieri appealed from the magistrate judge's findings and because Pieri filed his notice of appeal before the district court's entry of judgment. 4 Absent consent of the parties under 28 U.S.C. § 636 (c), a…