Can an order dismissing a complaint but not dismissing the action be appealed?
MultiRegion, United States of America
The following excerpt is from Cello-Whitney v. King, 889 F.2d 1094 (9th Cir. 1989):
We have no jurisdiction to hear this appeal under 28 U.S.C. Sec. 1291 because the district court did not issue a final, appealable order here. See Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n. 1 (9th Cir.1984) ("order dismissing a complaint but not dismissing the action [ordinarily] is not appealable ..."). Therefore, this appeal is
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