Mark Downey v. USA
| UNITED STATES OF AMERICA |
| MARK DOWNEY |
| 19-16962 |
| October 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Filed UNDER SEAL Appellant Mark Downey motion to reconsider Panel order of the Court filed on 10/28/2019. Deficiencies: None. Served on 10/25/2019. [11492233] (LA) [Entered: 11/07/2019 10:12 AM] |
| Filing 9 Filed Appellant Mark Downey in 19-16810, 19-16962 letter dated 10/28/2019 re: request for status, sent dockets. Paper filing deficiency: None. [11482590] [19-16810, 19-16962] (CW) [Entered: 10/30/2019 07:01 AM] |
| Filing 8 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON): The October 23, 2019 order (Docket Entry No. [ # 7 ]) is vacated and replaced with this amended order. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the orders challenged in the September 30, 2019 notice of appeal are 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); 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. To date, appellant has not filed a notice of appeal of the district courts final judgment entered on October 10, 2019. The motion to file under seal (Docket Entry No. 6-1) is denied. The Clerk will strike the motion and the attached memorandum (Docket Entry Nos. 6-1, 6-2). All other pending motions are denied as moot. DISMISSED. [11480651] (OC) [Entered: 10/28/2019 04:39 PM] |
| Filing 7 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the orders challenged in the September 30, 2019 notice of appeal are 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); 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. To date, appellant has not filed a notice of appeal of the district courts final judgment entered on October 10, 2019. All pending motions are denied as moot. DISMISSED. [11475194] (OC) [Entered: 10/23/2019 03:22 PM] |
| Filing 6 STRICKEN PER ORDER [ # 8 ] Filed UNDER SEAL Appellant Mark Downey's motion for summary judgment and memorandum. Deficiencies: No signature or date. [11473891] (LA) [Entered: 10/22/2019 05:13 PM] |
| Filing 5 Filed Appellant Mark Downey's motion to maintain case UNDER SEAL. Deficiencies: None. Served on 10/19/2019. [11473886] (LA) [Entered: 10/22/2019 05:08 PM] |
| Filing 4 Filed Appellant Mark Downey addendum FORM 4 motion and affidavit for permission to proceed in forma pauperis. Dated 10/19/2019. Paper filing deficiency: None. [11473495] (RL) [Entered: 10/22/2019 02:46 PM] |
| Filing 3 Received original and 0 copies of Appellant Mark Downey opening brief (Informal: Yes) 40 pages. Served on 10/11/2019. Major deficiencies: motion for IFP pending. [11465568] (SML) [Entered: 10/16/2019 09:48 AM] |
| Filing 2 Filed Appellant Mark Downey FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 10/08/2019. [11465138] (RL) [Entered: 10/15/2019 08:43 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Mark Downey opening brief due 11/29/2019. [11454106] (RT) [Entered: 10/04/2019 09:46 AM] |
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| Defendant / appellee: UNITED STATES OF AMERICA | |
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| Plaintiff / appellant: MARK DOWNEY | |
| Represented By: | Mark Downey |
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