Lamarr Rowell v. James Dzurenda
| JAMES E. DZURENDA |
| LAMARR ROWELL |
| 19-17141 |
| October 25, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed order (SIDNEY R. THOMAS and DANIEL A. BRESS) The district court entered a final judgment on October 22, 2019. Appellant filed a motion for reconsideration and a notice of appeal on October 24, 2019. On October 25, 2019, the district court concluded that it lacked jurisdiction to rule on appellants motion for reconsideration because appellant filed a notice of appeal. Appellants October 24, 2019 motion for reconsideration was filed within 28 days after entry of the judgment. See Fed. R. App. P. 4(a)(4). Therefore, the notice of appeal is ineffective until entry of an order disposing of the motion. See id. Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending October 24, 2019 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11536883] (CKP) [Entered: 12/18/2019 10:51 AM] |
| Filing 4 Received original and 0 copies of Appellant Lamarr Rowell opening brief (Informal: Yes) 6 pages. Served on 11/29/2019. Major deficiencies: motions to appoint counsel pending. [11518663] (SML) [Entered: 12/03/2019 09:33 AM] |
| Filing 3 Filed Appellant Lamarr Rowell motion to appoint counsel. Deficiencies: None. [11491603] (JFF) [Entered: 11/06/2019 04:03 PM] |
| Filing 2 Filed Appellant Lamarr Rowell motion to appoint pro bono counsel. Deficiencies: None. Served on 10/24/2019. [11477948][COURT UPDATE: New Documents Attached, resne NDA,--[Edited 10/25/2019 by BY] (JPD) [Entered: 10/25/2019 11:25 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLE. SEND MQ: No. The schedule is set as follows: Appellant Lamarr Rowell opening brief due 12/23/2019. [11477924] (JPD) [Entered: 10/25/2019 11:19 AM] |
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| Defendant / appellee: JAMES E. DZURENDA | |
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| Plaintiff / appellant: LAMARR ROWELL | |
| Represented By: | Lamarr Rowell |
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