Mychal Reed v. D. Madsen, et al
| A. LIMON, Correctional Officer, P. VERA and SCOTT KERNAN |
| D. MADSEN, Lieutenant |
| MYCHAL ANDRA REED |
| 19-15764 |
| April 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) A review of the record demonstrates that this court lacks jurisdiction over the appeal filed on April 15, 2019 because the April 2, 2019 dismissal order challenged in the appeal not final and appealable. See 28 U.S.C. 1291; Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (voluntary dismissal with prejudice not appealable if made pursuant to settlement agreement intended to terminate litigation); see also In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. A review of the district court docket reflects that appellants April 15, 2019 motion to withdraw the settlement agreement remains pending in the district court. DISMISSED. [11313984] (JBS) [Entered: 05/30/2019 02:49 PM] |
| Filing 4 Sent Appellant a copy of docket entry 2 in response to his letter of request filed on 05/03/2019. [11288263] (JR) [Entered: 05/06/2019 03:52 PM] |
| Filing 3 Filed Appellant Mychal Andra Reed letter dated 04/30/2019 re: Request for conformed copy of brief. Paper filing deficiency: None. [11288136] (RL) [Entered: 05/06/2019 03:19 PM] |
| Filing 2 Filed original and 0 copies of Appellant Mychal Andra Reed (Informal: No) opening brief of 9 pages. Served on 04/23/2019. [11283486] (KWG) [Entered: 05/01/2019 01:08 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Mychal Andra Reed opening brief due 06/14/2019. Appellee D. Madsen answering brief due 07/15/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11266078] (HC) [Entered: 04/16/2019 03:20 PM] |
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