FILED
NOT FOR PUBLICATION MAR 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
STEVEN WIERZBA, No. 10-16034
Plaintiff - Appellant, D.C. No. 3:09-cv-03133-JSW
v.
MEMORANDUM *
QUALITY LOAN SERVICE,
CORPORATION; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH , Circuit Judges.
Steven Wierzba appeals pro se from the district court’s order dismissing his
action arising out of foreclosure proceedings. We dismiss the appeal for lack of
jurisdiction.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court dismissed two claims in Wierzba’s amended complaint
without prejudice and granted leave to amend. Rather than filing a second
amended complaint or obtaining a final order of dismissal from the district court,
Wierzba filed a notice of appeal. We therefore lack jurisdiction. See WMX Techs.,
Inc. v. Miller, 104 F.3d 1133, 1136-37 (9th Cir. 1997) (en banc) (a dismissal with
leave to amend is not a final order).
DISMISSED.
2 10-16034