Stas Dayan, et al v. T. Bowser, et al
| RONALD C. HAY |
| T. BOWSER, Superintendent, T. SWART, Officer, T. BLEWETT, Acting Superintendent, T. RUMSEY, Operations Captain, L. ALBERT, Special Housing Captain, K. JACKSON, Assistant Superintendent and L. SIMON, Executive Assistant |
| STAS BEN DAYAN |
| 20-35872 |
| October 7, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 MANDATE ISSUED. (WAF, MSB and JSB) [11885692] (QDL) [Entered: 11/09/2020 08:44 AM] |
| Filing 4 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 October 5, 2020 order challenged in the notice of appeal dismissed the complaint with leave to amend, and is therefore not final or appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) ([W]hen a district court expressly grants leave to amend, it is plain that the order is not final. Something more is both anticipated and required. In that event, a further step must be taken to fix an unequivocal terminal date for appealability, and to avoid the hazards of confusion or misunderstanding as to the time for appeal. A final judgment must be obtained before the case becomes appealable.) (internal citation omitted). A review of the record reflects that the district court has not yet entered a final order dismissing the complaint without leave to amend, or a final judgment. 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). All pending motions are denied as moot. DISMISSED. [11861342] (AF) [Entered: 10/16/2020 10:14 AM] |
| Filing 3 Attorney Heather J. Van Meter in 20-35872 substituted by Attorney Denise Gale Fjordbeck in 20-35872 [11858804] (QDL) [Entered: 10/14/2020 03:08 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees L. Albert, T. Blewett, T. Bowser, K. Jackson, T. Rumsey, L. Simon and T. Swart. Substitution for Attorney Heather J. Van Meter, Esquire for Appellees L. Albert, T. Blewett, T. Bowser, K. Jackson, T. Rumsey, L. Simon and T. Swart. Date of service: 10/14/2020. (Party was previously proceeding with counsel.) [11858753] [20-35872] (Fjordbeck, Denise) [Entered: 10/14/2020 02:49 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Stas Ben Dayan opening brief due 12/07/2020. Appellees L. Albert, T. Blewett, T. Bowser, K. Jackson, T. Rumsey, L. Simon and T. Swart answering brief due 01/04/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11850390] (JMR) [Entered: 10/07/2020 10:15 AM] |
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