Carmen Suarez-Smith v. Bac Home Loan Servicing, Lp;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARMEN SUAREZ-SMITH,
Plaintiff - Appellant,
v.
BAC HOME LOAN SERVICING, LP; et
al.,
Defendants - Appellees.
No. 11-17509
D.C. No. 2:11-cv-00201-GMN-
PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Carmen Suarez-Smith appeals pro se from the district court’s order
dismissing her complaint with leave to amend in her action arising out of
foreclosure proceedings. We must raise the question of our jurisdiction sua sponte.
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-17509 2
WMX Tech., Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir. 1997) (en banc). We
dismiss for lack of appellate jurisdiction.
The district court dismissed Suarez-Smith’s complaint with leave to amend
by November 14, 2011. Rather than filing an amended complaint or obtaining a
final order of dismissal from the district court, Suarez-Smith filed a notice of
appeal. We therefore lack jurisdiction. See id. at 1135-37 (a district court’s
dismissal that expressly grants leave to amend is not final, and a further district
court determination must be obtained before such a case becomes appealable).
DISMISSED.

-- 2 of 2 --