
    Jason SAUNDERS, Plaintiff—Appellant, v. J W FAIRMAN, Jr.; et al., Defendants—Appellees.
    No. 05-15299.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 11, 2006.
    
    Filed Sept. 14, 2006.
    Jason Saunders, Coalinga, CA, pro se.
    Constance L. Picciano, Esq., Sacramento, CA, for Defendants-Appellees.
    Before: PREGERSON, T.G. NELSON, and GRABER, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

California state prisoner Jason Saunders appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We dismiss the appeal.

On February 4, 2005, the district court dismissed Saunders’s action for failure to follow the court’s order to effect service. On February 9, 2005, Saunders filed a notice of appeal. On August 29, 2006, the district court granted Saunders’s motion for reconsideration, and vacated its order of February 4, 2005. Therefore, there is no longer a final decision to review. See 28 U.S.C. § 1291.

DISMISSED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     