Check how courts have cited this case. Use our free citator for the most current treatment.
No. 8670504
United States Court of Appeals for the Ninth Circuit
Giraldes v. Prebula
No. 8670504 · Decided May 6, 2008
No. 8670504·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 6, 2008
Citation
No. 8670504
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Defendants appeal from the district court’s order remanding the case to the magistrate judge for further proceedings. We dismiss. Because the district court’s order contemplated further action on the summary judgment motion, it is not a final, appeal-able order. See 28 U.S.C. § 1291 ; see also Way v. County of Ventura, 348 F.3d 808, 810 (9th Cir.2003) (explaining that a district court’s ruling is not final if the court reserves the option of further modifying its ruling). Accordingly, we lack appellate jurisdiction over this interlocutory appeal. Appellee’s motion for appointment of counsel is denied as moot. DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Defendants appeal from the district court’s order remanding the case to the magistrate judge for further proceedings.
Key Points
01MEMORANDUM ** Defendants appeal from the district court’s order remanding the case to the magistrate judge for further proceedings.
02Because the district court’s order contemplated further action on the summary judgment motion, it is not a final, appeal-able order.
03County of Ventura, 348 F.3d 808, 810 (9th Cir.2003) (explaining that a district court’s ruling is not final if the court reserves the option of further modifying its ruling).
04Accordingly, we lack appellate jurisdiction over this interlocutory appeal.
Frequently Asked Questions
MEMORANDUM ** Defendants appeal from the district court’s order remanding the case to the magistrate judge for further proceedings.
FlawCheck shows no negative treatment for Giraldes v. Prebula in the current circuit citation data.
This case was decided on May 6, 2008.
Use the citation No. 8670504 and verify it against the official reporter before filing.