127 F3d 1106 Price v. Arpaio

127 F.3d 1106

Mark S. PRICE, Plaintiff-Appellant,
v.
Joseph M. ARPAIO, Sheriff, Frank R. Waelde, Commander,
Madison Jail, Gundy, Sgt., Strable, Sgt., A 1402;
Arellanes, Lt., Akins, Officer, A 4750, Officer Beesley, A
4701, Donald W. Moose, Capt., Sgt. Ussher; Sgt. Wade, R.A.
Delio, Cirillo, Officer a/k/a Officer A # 4683; Officer
Greer, Lt. Baize, Sgt. Nicholas, Officer Dietrich, Sgt. Law,
Sgt. Morgan, Lt. Johnson, Officer Johnson, Shift Commander A
# 994, Sgt. Dodson, Officer Roberts, Sgt. Leslie, Sgt.
Swaney, Officer Massey, Defendants-Appellees.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

No. 96-16825.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 20, 1997.**
Decided Oct. 24, 1997.

Appeal from the United States District Court for the District of Arizona Barry Silverman, Magistrate Judge, Presiding

Before THOMPSON, T.G. NELSON, and KLEINFELD, Circuit Judges.

1

MEMORANDUM*

2

Mark Steven Price, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging Maricopa County Jail officials violated his constitutional rights when he was a pretrial detainee.

3

We lack jurisdiction because the district court's summary judgment order appealed from did not dispose of all of the claims in Price's amended complaint. See 28 U.S.C. § 1291; Fed.R.Civ.P. 54(k); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir.1981).1 A review of the record shows that the order appealed from did not dispose of Price's claims that officials deprived him of equal protection, improperly took his property, and held him in unsanitary and unhealthy conditions.

4

DISMISSED.

**

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

1

Although neither party challenged our jurisdiction, we raise the issue sua sponte. See WMX Technologies, Inc. v. Miller, 104 § F.3d 1233, 1135 (9th Cir.1997) (en banc)