Hamilton

STATEMENT OF THE CASE AND FACTS

Appellant Hamilton, a prisoner in pro. per., filed a complaint in the Fresno County Superior Court against four correctional officers alleging a violation of the Bane Act (Civ. Code, § 52.1). Defendants filed a demurrer. The superior court issued a tentative ruling sustaining the demurrer without leave to amend as to three of the defendants and granting leave to amend as to the remaining defendant. The court granted appellant 30 days’ leave to file and serve a second amended complaint stating a claim against one of the correctional officers for assault and battery, a cause of action not originally alleged. Appellant filed a document indicating he declined to amend the complaint. Thereafter, on October 4, 2012, the court formally adopted the tentative ruling stating that “No further order is necessary.” According to the Fresno County Superior Court docket, no final judgment has been entered. This court issued a briefing order granting appellant time to explain why this court should not dismiss his appeal for lack of a judgment or appealable order. Appellant submitted a letter brief claiming that “because all of the claims made by appellant were…