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ANDREW J.J. WOLF and R. HANS KRUGER, Plaintiffs-Appellants, v. IDAHO STATE BOARD OF CORRECTIONS; et al., Defendants-Appellees.
ORDER
A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. § 1291; Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties); see also Branson v. City of Los Angeles, 912 F.2d 334 (9th Cir. 1990) (denial of reconsideration of non-appealable order is itself not appealable). Consequently, this appeal is dismissed for lack of jurisdiction.
The appeal from the final judgment entered in the district court on March 21, 2017 is proceeding in this court as appeal No. 17-35273. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings which produced the judgment).
All pending motions are denied as moot.
DISMISSED.
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Docket No: No. 17-35215
Decided: April 24, 2017
Court: United States Court of Appeals, Ninth Circuit.
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