Court of Appeals for the Ninth Circuit August 29, 2001, No. 00-56030; D.C. No. CV-00-02873-DDP (Broadnax v. Superior Court)

MEMORANDUM **

Lawrence Broadnax appeals pro se the district court’s dismissal without prejudice of his § 1983 challenge to California Penal Code § 667. Broadnax had sought class certification and a declaratory judgment that section 667 is unconstitutional.

A dismissal without prejudice is not a final order from which a party may appeal. WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir.