Tiante Scott v. Olga Beregovskay, et al
| TIANTE DION SCOTT |
| A. SHITTU, M.D., Chief Physician & Surgeon, R. ROBLES, Physician and Surgeon, J. LEWIS, Deputy Director, Policy and Risk Management for CA Correctional Health Care Services, C. AGBASI, LVN, D. GINES, M.D., ARMENDAREZ, RN, NDUKWE N. ODELUGA, M.D., Chief Med. Executive, KAREN JOSE, LVN, L. KRZYSIAK, M.D., Physician and Surgeon, S. H. BANAYAN, M.D., GABRIEL, RN, OLGA BEREGOVSKAY, M.D., S. GARZA, SRN II, T. GUH, RN and OYENIYI, LVN |
| 19-16831 |
| September 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) A review of the record and appellants response to this courts September 24, 2019 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 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. The Clerk shall transmit appellants response to this courts September 24, 2019 order to show cause (Docket Entry No. [ # 3 ]) to the district court for filing as a notice of appeal from the final judgment entered in the district court on September 19, 2019. DISMISSED. [11477534] (WL) [Entered: 10/25/2019 08:59 AM] |
| Filing 3 Filed Appellant Tiante Dion Scott response to order to show cause (why appeal should not be dismissed). [11457861] (RR) [Entered: 10/08/2019 11:52 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 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). To date, appellant has not filed a notice of appeal from the district courts final judgment entered on September 19, 2019. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [11441571] (CKP) [Entered: 09/24/2019 12:08 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Tiante Dion Scott opening brief due 11/18/2019. [11436139] (JPD) [Entered: 09/18/2019 02:40 PM] |
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