AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff, acting pro se, sought entry of a default judgment against the Defendants, which included an individual and an insurance company. The district court denied this motion, dismissed the complaint without prejudice, and allowed the Plaintiff an opportunity to amend the complaint.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: Argued for the entry of a default judgment against the Defendants.
• Defendants: [Not applicable or not found]

Legal Issues

• Whether the district court's order dismissing the Plaintiff's complaint without prejudice and allowing amendment constitutes a final, appealable order.

Disposition

• The Court of Appeals dismissed the appeal due to lack of finality in the district court's order.

Reasons

• The Court of Appeals, with M. Monica Zamora as the authoring judge and concurrence from Judges Michael D. Bustamante and Jonathan B. Sutin, determined that the appellate jurisdiction is limited to review of final judgments or decisions, and orders that practically dispose of the merits of the action or affect substantial rights. The court found that an order dismissing a civil complaint without prejudice is not a final, appealable order. Since the district court's order gave the Plaintiff thirty days to amend his complaint, a period that had yet to commence due to the appeal, the order was deemed non-final. Consequently, the appeal was dismissed for lack of jurisdiction (paras 1-4).