Kevin Allen v. V. Bentacourt, et al
| R. VALDOVINOS, SANDAVAL, Lieutenant, V. BENTACOURT and S. OCHOA, Officer |
| KEVIN ALLEN |
| 19-17602 |
| December 31, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 4 MANDATE ISSUED. (RAP, MDS and NRS) [11599139] (CW) [Entered: 02/18/2020 08:40 AM] |
| Filing 3 Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is 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); see also 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. Appellants notice of appeal also requests that a district court judge review Allens complaint. The district judge has not had an opportunity to consider whether to treat this notice of appeal as a motion to reconsider the magistrate judges order pursuant to 28 U.S.C. 636(b)(1)(A). The Clerk shall serve a copy of this order on the district judge. DISMISSED. [11575344] (AF) [Entered: 01/27/2020 02:37 PM] |
| Filing 2 Filed original and 0 copies of Appellant Kevin Allen (Informal: Yes) opening brief of 6 pages. Served on 01/16/2020. [11575023] (LA) [Entered: 01/27/2020 11:38 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Kevin Allen opening brief due 02/25/2020. [11547558] (JMR) [Entered: 12/31/2019 09:40 AM] |
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