George Boutros v. Cory Hony, et al
| GEORGE BOUTROS |
| J. D. JONES, Undersheriff, CORY HONY, DICK RAMSEY, District Attorney and SMITH, Deputy Sheriff |
| 20-17350 |
| December 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed Appellant George Boutros FORM 27 motion for reconsideration and or en banc rehearing. Deficiencies: None. Served on 12/18/2020. [11944915] (RL) [Entered: 12/24/2020 11:11 AM] |
| Filing 4 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 12/15/2020. [11929489] (RT) [Entered: 12/16/2020 09:53 AM] |
| Filing 3 Filed order (SIDNEY R. THOMAS, ANDREW D. HURWITZ and BRIDGET S. BADE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the orders challenged in the appeal are not final or appealable. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule); Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1338 (9th Cir. 1976) (district court must be of the opinion that the criteria of 28 U.S.C. 1292(b) are met; court of appeals is without authority to assume an appeal unilaterally under 1292(b)); see also Bird v. Reese, 875 F.2d 256 (9th Cir. 1989) (order) (order denying a motion for default judgment is not a final appealable order); WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11926235] (OC) [Entered: 12/14/2020 12:37 PM] |
| Filing 2 Received original and 7 copies of Appellant George Boutros opening brief of 6 pages (Informal: Yes). Served on 12/08/2020. Major deficiency: fees are due. Notified Appellant. [11922176] (LA) [Entered: 12/10/2020 10:30 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant George Boutros opening brief due 02/01/2021. Appellees Cory Hony, J. D. Jones, Dick Ramsey and Smith answering brief due 03/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11912564] (JPD) [Entered: 12/02/2020 12:08 PM] |
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