Can a federal judge's order dismissing the state's complaint be appealed?

I understand the majority's position to be that the district judge's order dismissing the state's complaint is not appealable because it is not clear that "the action could not be saved by any amendment of the complaint which the plaintiff could reasonably be expected to make ...." Marshall v. Sawyer, 301 F.2d 639, 643 (9th Cir.1962). Particularly, the majority distinguishes between suits "against tribal members in their individual capacities, and suits against tribal officers acting within their representative capacities" and suggests that California should have amended its complaint to allege "that the tribal officials had exceeded the scope of their tribal authority or were otherwise subject to suit in their individual

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