Robert Piotrowski v. Charles Ryan, et al
| ROBERT MICHAEL PIOTROWSKI |
| CHARLES L. RYAN and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| 19-16762 |
| September 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 MANDATE ISSUED. (KMW, JHN and ADH) [11457525] (RL) [Entered: 10/08/2019 09:55 AM] |
| Filing 3 Filed order (KIM MCLANE WARDLAW, JACQUELINE H. NGUYEN and ANDREW D. HURWITZ) Appellants September 3, 2019 motion for certificate of appealability in the district court was transmitted to this court, resulting in the opening of this appeal. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district court has not issued any orders that are final or appealable. See 28 U.S.C. 1291; see also Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judges findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court). Consequently, this appeal is dismissed for lack of jurisdiction. Appellants petition for habeas corpus pursuant to 28 U.S.C. 2254 remains pending in the district court. DISMISSED. [11433318] (JPD) [Entered: 09/16/2019 04:56 PM] |
| Filing 2 Received copy of District Court order filed on 09/11/2019. ORDER - Petitioner's motion for a COA is construed as a supplement to his objection to the R&R. The Clerk of Court is directed to convert it from a motion into a supplement. [11428205] (QDL) [Entered: 09/11/2019 11:47 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11425109] (RT) [Entered: 09/09/2019 12:51 PM] |
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