STANSBURY v. CALDERON, 147 F.3d 1193 (9th Cir. 1998)
ROBERT EDWARD STANSBURY, Petitioner-Appellee, v. ARTHUR CALDERON, Warden ofthe California State Prison at San Quentin, Respondent-Appellant.
No. 98-99004United States Court of Appeals, Ninth Circuit.
Filed August 5, 1998
ORDER
[1] Prisoner Robert Stansbury moves to dismiss the Warden's appeal of the Order of the district court dated February 26, 1998. That order denied the Warden's Motion to Dismiss Stanbury's Petition for Writ of Habeas Corpus. The Warden's Motion to Dismiss was based on alleged deficiencies in the verification of the petition. After denying the motion to dismiss, the district judge declined the Warden's request to certify the Order for interlocutory appeal under 28 U.S.C. § 1292(b).
[2] The district court's Order denying the motion to dismiss is not a final decision of the district court. It is an interlocutory order and therefore, not subject to immediate appellate review.28 U.S.C. § 1291. No exception to the final judgment rule, such as the collateral order doctrine, applies. Gulfstream Arrow Space Corp. v. Mayacamas Corp., 485 U.S. 271 (1988); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Therefore, this court lacks jurisdiction.
[3] Stansbury's Motion to Dismiss the appeal for lack of jurisdiction is granted.
[4] APPEAL DISMISSED.
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