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Bertram v. Deukmejian

filed: February 3, 1992.

JOHN RONALD BERTRAM; LEILA MAXINE FORBES, PLAINTIFFS - APPELLEES,
v.
GEORGE DEUKMEJIAN, GOVERNOR; DANIEL MCCARTHY, DIRECTOR, DEFENDANTS - APPELLANTS.



On Appeal from the United States District Court for the Eastern District of California. Milton L. Schwartz, District Judge, Presiding. D.C. No. CV-87-0899-MLS

Before: Skopil, Pregerson, and O'scannlain, Circuit Judges.

Order

The appeal is dismissed for lack of appellate jurisdiction. Appellants designated in their notice of appeal the July 27, 1990 order denying their motion for summary judgment. That is not an appealable order. See In re Benny, 791 F.2d 712, 718 (9th Cir. 1986). They also argued in their briefs that the district court erred in its March 23, 1989 order denying their motion for summary judgment on the ground of qualified immunity. Although that is an order from which one may seek interlocutory review, appellants filed their notice of appeal more than 30 days after entry of the order and before judgment. The appeal from that order was not timely. See Miller v. Sumner, 872 F.2d 287, 288 (9th Cir. 1989).

DISMISSED.

Disposition

DISMISSED

19920203

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