Chweya

ORDER

Rodney Chweya appeals a judgment entered by the district court on behalf of defendants Scott Hoglund and Nicholas Cabrera. The district court denied on the merits the claims raised by Chweya. We dismiss Chweya’s appeal for lack of jurisdiction.

Chweya bases jurisdiction on 28 U.S.C. § 1291 , which provides for appellate jurisdiction over final decisions. An order which does not resolve the claims against all of the parties in the action is not a final decision. Fed R. Civ. P. 54(b); see also Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir.1981). The district court, over the course of two orders, ruled on Chweya’s claims, but did not address all the parties in the case. Normally, this would not bar jurisdiction if the district court intended to include all defendants within the scope of its orders. See Johnson v. Meltzer, 134 F.3d 1393, 1396 (9th Cir.1998).

The district court’s summary judgment order was rendered non-final, however, when we reversed the district court’s earlier dismissal of defendant Leroy Baca from the case. The claims against Baca were not before the district court once Chweya’s proper interlocutory notice of appeal was filed. See Griggs v. Provident…