Timothy Joseph Murphy v. Rocky Warren Larry Newman Curt Landry, Tim Sands Jack Shelly Martha Davis Geri Bray
Docket: 92-16048
Court: Court of Appeals for the Ninth Circuit; December 19, 1993; Federal Appellate Court
Timothy Joseph Murphy appealed the district court's summary judgment favoring Placer County Sheriff's Deputies Rocky Warren, Larry Newman, and Curt Landry in a 42 U.S.C. Sec. 1983 action for malicious prosecution. The appeal was dismissed due to lack of appellate jurisdiction. Murphy initially filed a complaint on November 14, 1990, and later an amended complaint against the same defendants. On March 16, 1992, the district court dismissed his claims against defendants Tim Sands, Jack Shelly, and Geri Bray with prejudice. Subsequently, on May 4, 1992, the court granted summary judgment for Warren, Newman, and Landry. Murphy filed his notice of appeal on June 1, 1992, but neither party sought certification under Federal Rule of Civil Procedure 54(b). The Ninth Circuit identified sua sponte that it lacked jurisdiction under 28 U.S.C. Sec. 1291 because the district court's order did not constitute a final order, as it did not resolve claims against defendant Martha Davis. Consequently, without certification for appealability, the court dismissed the appeal. The decision was deemed appropriate for resolution without oral argument and was not published or meant for citation under Ninth Circuit Rule 36-3.