ORDER AND JUDGMENT
In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.
This is an appeal from an order dismissing plaintiff's complaint, but with leave to amend. The record indicates that plaintiff's amended complaint is still pending.
It is well settled that dismissal of a complaint is not an appealable order unless, in a practical sense, the district court,
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