Plata

This is an appeal from an interlocutory order denying defendants’ motion to exclude certain members from the plaintiff class. A stipulated judgment was entered thereafter, from which defendants did not appeal. Because the order appealed from is not a final order under 28 U.S.C. § 1291 , lacked the practical effect of granting or denying injunctive relief, and defendants took no other steps to preserve a right of appeal as to it, we dismiss the appeal for lack of jurisdiction.

I. Background

A. Shumate litigation

On April 4, 1995, present and future inmates confined at the California Institution for Women (“CIW”) in Frontera, California, and at the Central California Women’s Facility (“CCWF”) in Chowchil-la, California, filed a class action against numerous defendants, including most significantly the Governor of California, the California Director of Finance, the Secretary of the Youth and Adult Correctional Agency, the Director of the California Department of Corrections (“CDC”), and the Deputy Director for Health Care Services for the Department of Corrections, in the United States District Court, Eastern District of California. Shumate v. Wilson, No. CIV S-95-0619…