Robert Moran v. Neil McDowell
| ROBERT MORAN |
| NEIL MCDOWELL, Warden |
| 19-55483 |
| April 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 5 MANDATE ISSUED. (EL, CMC and CTB) [11345401] (QDL) [Entered: 06/26/2019 01:30 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: DA): This appeal was dismissed on May 31, 2019 for lack of jurisdiction. The Clerk shall transmit appellants motion for certificate of appealability, served on June 12, 2019 and received by this court on June 17, 2019 (Docket Entry No. [ # 3 ]) to the district court for filing as a notice of appeal of the district courts judgment entered on June 5, 2019. See Fed. R. App. P. 4(d); Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir. 1990) (holding that a request for a certificate of probable cause can serve double duty as notice of appeal) (citation omitted). This appeal No. 19-55483 remains closed. [11343985] (OC) [Entered: 06/25/2019 02:02 PM] |
| Filing 3 Filed Appellant Robert Moran motion for certificate of appealability. Deficiencies: Case closed. Served on 06/12/2019. [11335916] (QDL) [Entered: 06/18/2019 02:03 PM] |
| Filing 2 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) On April 26, 2019, appellant filed a motion for a certificate of appealability in the district court. The motion for a certificate of appealability was construed in part as a notice of appeal, resulting in the opening of this appeal No. 19-55483. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district court has not issued any orders that are final or appealable. See 28 U.S.C. 1291; 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. [11316091] (JBS) [Entered: 05/31/2019 04:07 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11281114] (HC) [Entered: 04/29/2019 04:36 PM] |
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| Petitioner / appellant: ROBERT MORAN | |
| Represented By: | Robert Moran |
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| Respondent / appellee: NEIL MCDOWELL, Warden | |
| Represented By: | Taylor Nguyen |
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