James Stewart v. James Salmonson, et al
| JAMES SALMONSON and ATTORNEY GENERAL FOR THE STATE OF MONTANA |
| JAMES STEWART |
| 19-35827 |
| September 27, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (BGS, WAF and JBR) [11502045] (RR) [Entered: 11/18/2019 11:24 AM] |
| Filing 2 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 order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) (denial of appointment of counsel in a habeas proceeding 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); see also 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. DISMISSED. [11477624] (WL) [Entered: 10/25/2019 09:33 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11447157] (RT) [Entered: 09/27/2019 04:19 PM] |
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