Joseph Bivins v. Borges, et al
| MOON, PARAMVIR S. SAHOTA, Chief of Medical Staff, JU, Dr. and L. D. ZAMORA, Chief Health Care Appeal Office |
| BORGES |
| JOSEPH BERNARD BIVINS |
| 20-15952 |
| May 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed order (SUSAN P. GRABER, KIM MCLANE WARDLAW and RYAN D. NELSON) 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; 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); 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. All pending motions are denied as moot. See 9th Cir. R. 3-6(b). DISMISSED. [11734838] (OC) [Entered: 06/26/2020 11:30 AM] |
| Filing 2 Filed (ECF) Appellee Borges Motion to dismiss for lack of jurisdiction. Date of service: 06/23/2020. [11731287] [20-15952] (Kamberian, Van) [Entered: 06/23/2020 04:20 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Joseph Bernard Bivins opening brief due 07/14/2020. Appellee Borges answering brief due 08/13/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11695690] (JMR) [Entered: 05/19/2020 01:53 PM] |
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