Barry Brookins v. M. Hernandez, et al
| M. HERNANDEZ, Correctional Officer C-Fac, D. FOSTON, Appeals Examiner, L. SANCHEZ, SCHLEESMAN, A. WILLIAMS, Captain C-Fac, SALVADO, Sergeant 2nd Watch, GALVENSON, CRANE, Sergeant 3rd Watch, N SCAIFE, Lieutenant, S. MARSH, E. WILLIAMS, Lieutenant C-Fac, M. VOONG, Chief Office of Appeals, T. P. WAN, Associate Warden, C. LIVINGSTON, Lieutenant C-Fac and S. SHERMAN, Warden |
| BARRY L. BROOKINS |
| 20-16886 |
| September 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed Appellant Barry L. Brookins motion to extend time. Deficiencies: Mandate Issued. [11906501] (NAC) [Entered: 11/25/2020 11:41 AM] |
| Filing 3 MANDATE ISSUED. (WAF, MSB and JSB) [11883874] (NAC) [Entered: 11/06/2020 07:18 AM] |
| Filing 2 Filed order (WILLIAM A. FLETCHER, MARSHA S. BERZON and JAY S. BYBEE) 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 Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order disposing of fewer than all of the claims or parties in action is not immediately appealable unless the district court directs entry of a judgment pursuant to Fed. R. Civ. P. 54(b)); see also Branson v. City of Los Angeles, 912 F.2d 334 (9th Cir. 1990) (denial of reconsideration of non-appealable order is itself not appealable). Consequently, this appeal is dismissed for lack of jurisdiction. This dismissal is without prejudice to appellant filing a new notice of appeal from a final order or judgment entered by the district court. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings that produced the judgment). DISMISSED. [11860637] (JPD) [Entered: 10/15/2020 04:00 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Barry L. Brookins opening brief due 11/27/2020. Appellees Crane, D. Foston, Galvenson, M. Hernandez, C. Livingston, S. Marsh, Salvado, L. Sanchez, N Scaife, Schleesman, S. Sherman, M. Voong, T. P. Wan, A. Williams and E. Williams answering brief due 12/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11841019] (JMR) [Entered: 09/29/2020 02:00 PM] |
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