John Davis v. Paul Penzone, et al
| UNKNOWN PARTY, named as Lieutenant A8013, FISK, First name unknown; named as Fisk (A9469), KARAS, First name unknown; named as Karas (A7994), HOLLINGSHEAD, First name unknown; named as Hollingshead (A9933), JOSEPH M. ARPAIO, UNKNOWN PARTY, named as Sergeant (A6911), ELIAS, First name unknown; named as Elias (A5629), DENNY BARNEY, MICELI, First name unknown; named as Miceli (A4983), PAUL PENZONE, et al., STEVE GALLARDO, STEVE CHUCRI, BILL GATES, ANDERSON-MATA, First name unknown; named as Anderson-Mata (A7464), TIJERINA, First name unknown; named as Tijerina (A6941), MURPHY, First name unknown; named as Murphy (A5255) and CLINT HICKMAN |
| JOHN LEO DAVIS |
| 19-15587 |
| March 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 MANDATE ISSUED. (DFO, WAF and PJW) [11300895] (NAC) [Entered: 05/17/2019 07:26 AM] |
| Filing 5 Filed order (DIARMUID F. O'SCANNLAIN, WILLIAM A. FLETCHER and PAUL J. WATFORD) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the February 25, 2019 order challenged in the appeal is not immediately appealable. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule). This action remains pending before the district court. Although the district courts February 25, 2019 order dismissed defendant Anderson-Mata with prejudice, the district court did not direct immediate entry of judgment as to defendant Anderson-Mata pursuant to Federal Rule of Civil Procedure 54(b). Additionally, the district court did not expressly determine that there is no just reason for delay in either the February 25, 2019 order granting partial summary judgment as to Anderson-Mata, or the March 18, 2019 order granting in part appellants motion for clarification. See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)). Consequently, this appeal is dismissed for lack of jurisdiction. This dismissal is without prejudice to the filing of a timely notice of appeal from any final order or judgment subsequently entered by the district court. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings which produced the judgment). All pending motions are denied as moot. DISMISSED. [11277983] (HC) [Entered: 04/25/2019 05:06 PM] |
| Filing 4 Received original and 0 copies of Appellant John Leo Davis's opening brief (Informal: Yes) 9 pages. Served on 04/11/2019. Major deficiencies: motion for appointment of counsel, motion to proceed in forma pauperis pending. [11267591] (GV) [Entered: 04/17/2019 03:14 PM] |
| Filing 3 Filed Appellant John Leo Davis motion to appoint pro bono counsel. Deficiencies: None. Served on 04/12/2019. [11267446] (NAC) [Entered: 04/17/2019 02:38 PM] |
| Filing 2 Filed Appellant John Leo Davis motion to proceed In Forma Pauperis. Deficiencies: None. [11267357] (NAC) [Entered: 04/17/2019 02:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant John Leo Davis opening brief due 05/28/2019. Appellees Anderson-Mata, Joseph M. Arpaio, Denny Barney, Steve Chucri, Elias, Fisk, Steve Gallardo, Bill Gates, Clint Hickman, Hollingshead, Karas, Miceli, Murphy, Paul Penzone, Tijerina and Unknown Party answering brief due 06/24/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11246236] (JMR) [Entered: 03/29/2019 09:50 AM] |
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