NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SAMUEL ROBERT QUEEN, Jr., No. 16-35154
Petitioner-Appellant, D.C. No. 3:15-cv-00916-AA
v.
MEMORANDUM*
CONRAD GRABER,
Respondent-Appellee.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Federal prisoner Samuel Robert Queen, Jr., appeals pro se from the district
court’s order denying his motion for reconsideration of the court’s order dismissing
his 28 U.S.C. § 2241 habeas petition for failure to prosecute. We dismiss.
In denying Queen’s motion for reconsideration, the district court granted
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Queen leave to file an amended petition within 30 days. Rather than filing an
amended petition, Queen immediately filed a notice of appeal. Because the district
court’s order denying Queen’s motion for reconsideration granted Queen leave to
amend his petition, the order was not a final decision and we lack jurisdiction over
this appeal. See 28 U.S.C. § 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133,
1135-37 (9th Cir. 1997) (en banc) (when a district court expressly grants leave to
amend, it is plain that the order is not final).
The Clerk is directed to send a courtesy copy of this decision directly to the
chambers of the Honorable Ann L. Aiken.
DISMISSED.
2 16-35154