Leon Morris v. V. Mini, et al
| L. TURNER, Guard, V. MINI, Captain and CANNEDY, Lieutenant |
| LEON EUGENE MORRIS |
| 19-16847 |
| September 20, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 09/24/2019). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11487614] (CKP) [Entered: 11/04/2019 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 18, 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 elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [11441589] (CKP) [Entered: 09/24/2019 12:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Leon Eugene Morris opening brief due 11/15/2019. Appellees Cannedy, V. Mini and L. Turner answering brief due 12/16/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11438557] (JPD) [Entered: 09/20/2019 10:59 AM] |
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