The following excerpt is from Despain v. U.S., 921 F.2d 279 (9th Cir. 1990):
1 The district court's order dismissed Despain's complaint rather than his action. The language of the order, however, indicates that the court intended to dismiss the action. Thus, this is a final appealable order. See Proud v. United States, 704 F.2d 1099, 1100 (9th Cir.1983).
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