Moore v. Lamarque
Plaintiff, representing himself in propria persona, filed suit against the warden of Salinas Valley State Prison, and against other prison officials. The complaint alleged damages arising out of being placed on “C” status at the prison, which resulted in Moore being denied yard access, outdoor exercise, and fresh air. Plaintiff thereafter filed a motion for leave to amend his complaint to assert a new claim and to name P. Mandeville as an additional defendant previously identified as a Doe defendant. The court denied plaintiff’s motion and likewise denied plaintiff’s motion for reconsideration. Plaintiff filed a notice of appeal from the order denying leave to amend. Plaintiff later filed an amended notice of appeal, referencing both the order denying leave to amend and the order denying his motion for reconsideration. Accordingly, since the appeal was taken from two nonappealable orders--the order denying motion for leave to amend complaint and order denying motion to reconsider--this court lacks jurisdiction to hear the matter. Court therefore dismissed the appeal.
Comments on Moore v. Lamarque