Robert Jenkins v. On Habeas Corpus

Robert Jenkins v. On Habeas Corpus

Petitioner / Appellant:	ROBERT LEE JENKINS
Respondent / Appellee:	ON HABEAS CORPUS
Case Number:	19-55435
Filed:	April 17, 2019
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 30, 2019	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 April 18, 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. [11282195] (CKP) [Entered: 04/30/2019 12:42 PM]
April 17, 2019	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11266991] (OC) [Entered: 04/17/2019 11:43 AM]

Date Filed

Document Text

April 30, 2019

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 April 18, 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. [11282195] (CKP) [Entered: 04/30/2019 12:42 PM]

April 17, 2019

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11266991] (OC) [Entered: 04/17/2019 11:43 AM]

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Petitioner / appellant: ROBERT LEE JENKINS
Represented By:	Robert Lee Jenkins
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Respondent / appellee: ON HABEAS CORPUS
Represented By:	Jennifer O. Cano
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