Oliver Boling v. Steve Langford
| OLIVER BOLING |
| STEVE LANGFORD |
| 19-55126 |
| January 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and M. MARGARET MCKEOWN) 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 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. The Clerk shall transmit appellants response to this courts February 4, 2019 order to show cause (Docket Entry No. [ # 3 ]), received on February 14, 2019, to the district court for filing as a notice of appeal from the final judgment entered on January 30, 2019. All pending motions are denied as moot. DISMISSED. [11211122] (WL) [Entered: 02/28/2019 10:39 AM] |
| Filing 6 Filed Appellant Oliver Boling motion for extension of time within which to file motion for IFP . Deficiencies: No certificate of service; case closed. [11211458] (RR) [Entered: 02/28/2019 12:49 PM] |
| Filing 4 Filed Appellant Oliver Boling motion to appoint counsel. Deficiencies: No certificate of service. [11208501] (RR) [Entered: 02/26/2019 03:05 PM] |
| Filing 7 Filed letter dated 02/09/2019 re: responding to court's letter enclosed (1) memorandum of points and authorites. (2) served and extra 20 years in jail. (3) government should follow their own rules. Paper filing deficiency: None. [11218490] (RR) [Entered: 03/06/2019 03:02 PM] |
| Filing 3 Filed Appellant Oliver Boling memorandum points and authority why appeal should go forward; no proof of sources [11196075] (RR) [Entered: 02/15/2019 02:37 PM] |
| 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 January 30, 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. [11178533] (CKP) [Entered: 02/04/2019 03:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Oliver Boling opening brief due 03/18/2019. Appellee Steve Langford answering brief due 04/17/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11172626] (JMR) [Entered: 01/30/2019 10:49 AM] |
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| Petitioner / appellant: OLIVER BOLING | |
| Represented By: | Oliver Boling |
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| Respondent / appellee: STEVE LANGFORD | |
| Represented By: | Vicki Chou |
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