The Ninth Circuit today dismissed Gov. Schwarzenegger's appeal from the order to fork over a quarter billion bucks to a court-appointed receiver to build gold-plated health care for incarcerated felons. They said the order was not a final order for the purpose of the appellate jurisdiction rule. However, they noted,

Very recently, while this appeal was pending, the State advised us that it had filed in the district court a Motion to Replace Receiver with a Special Master and to Terminate the Receiver's Construction Plan. Proceedings in response to that motion, or to a motion for relief from the consent decree if the State should deem it advisable to file one, are proper vehicles for addressing in the first instance the objections the State seeks to raise on this appeal without a sufficient district court record.

Meanwhile, back at the ranch, District Judge Thelton Henderson yesterday denied that very motion, so the Governator can now appeal. Bob Egelko has this story in the SF Chron.