No. 02-16161.

329 F.3d 1101 (2003)

Marciano PLATA; Otis Shaw; Ray Stoderd; Joseph Long; Leslie Rhoades; Gilbert Aviles; Paul Decasas; Steven Bautista, and all others similarly situated; Raymond Johns; Elijah J. Sandoval; Gary Alan Smith; Clifford Myelle, Plaintiffs-Appellees, v. Grey DAVIS; B. Timothy Gage; Robert Presley; Susann Steinberg, Defendants-Appellants, and Daniel Thor; MTA Cooper; T. Bui; Donald Calvo; Shankar Raman; Brian Yee; D. Smith; M.A. Van Pelt; Bhaviesh Shah; Andrew Wong; Daniel Fuller; Michael Songer; M. Levin; Joseph Siegel; Edgar Castillo; Mohan Sundareson; Clinton; Sanford Hepps; Stephen Wyman; L. Richnak; Richard Sandham; C. Park; Teresa Rocha, Acting Director Department of Corrections, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2003.

Attorney(s) appearing for the Case

John M. Applebaum, Supervising Deputy Attorney General, Sacramento, CA, for the defendants-appellants.

Donald Specter, Prison Law Office, San Quentin, CA, and Caroline N. Mitchell, Pillsbury Winthrop LLP, San Francisco, CA, for the plaintiffs-appellees.

Before: NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge.

This is an appeal from an interlocutory order denying defendants' motion to exclude certain members from the plaintiff class. A stipulated judgment was entered thereafter, from which defendants did not appeal. Because the order appealed from is not a final order under 28 U.S.C. § 1291, lacked the practical effect of granting or denying injunctive relief, and defendants took no other steps to preserve a right of appeal as to it, we dismiss...

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