Benjy Wade v. J. Rubalcaba, et al
| R. NEUSHMID and J. RUBALCABA |
| BENJY STEPHEN WADE |
| 19-16424 |
| July 19, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed order (KIM MCLANE WARDLAW, JACQUELINE H. NGUYEN and ANDREW D. HURWITZ) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); 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. All pending motions are denied as moot. DISMISSED. [11433022] (WL) [Entered: 09/16/2019 03:29 PM] |
| Filing 7 Filed Appellant Benjy Stephen Wade motion to appoint pro bono counsel also included document entitled "Response to motion or court order". Deficiencies: None. [11425790] (RR) [Entered: 09/09/2019 04:16 PM] |
| Filing 6 Received original and 0 copies of Appellant Benjy Stephen Wade opening brief (Informal: Yes) of 10 pages. Served on 08/22/2019. Major deficiencies: IFP motion pending (briefing stayed). [11420428] (LA) [Entered: 09/04/2019 11:33 AM] |
| Filing 5 Sent Appellant a copy of the forms requested in his letter received on 08/12/2019. [11397398] (JR) [Entered: 08/14/2019 02:45 PM] |
| Filing 4 Received Appellant Benjy Stephen Wade notice requesting forms. [11397305] (RR) [Entered: 08/14/2019 02:20 PM] |
| Filing 3 Filed Appellant Benjy Stephen Wade motion to proceed In Forma Pauperis. Deficiencies: None. [11383335] (RR) [Entered: 07/31/2019 04:29 PM] |
| Filing 2 Received Appellant Benjy Stephen Wade notice regarding certificate of funds in prisoner's account. [11372475] (RR) [Entered: 07/22/2019 04:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Benjy Stephen Wade opening brief due 09/03/2019. [11369095] (JMR) [Entered: 07/19/2019 08:58 AM] |
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