Todd Giffen v. FBI, et al
| FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE, MULTNOMAH COUNTY DETENTION CENTER, FEDERAL PUBLIC DEFENDERS, SHERIDAN FEDERAL DETENTION CENTER, DISTRICT COURTS OF CHICAGO/PORTLAND/EUGENE/OREGON, MUSTAFA T. KASUBHAI, SOUTHERN NEVADA DETENTION CENTER, SPRINGFIELD JAIL, CRAIG WEINERMAN, UNITED STATES MARSHALLS, GRADY COUNTY JAIL, KIMBERLY SEYMOUR, MCC and TODD BOFFERDING |
| TODD MICHAEL GIFFEN |
| 20-35914 |
| October 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| 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 notice of appeal, dated October 12, 2020, and filed on October 19, 2020, was not filed or delivered to prison officials within 60 days after the district courts judgment entered on February 4, 2019. See 28 U.S.C. 2107(b); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). This court also lacks jurisdiction to review the post-judgment orders challenged in the notice of appeal because those orders were entered by the magistrate judge. See 28 U.S.C. 1291; In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable); see also Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11928633] (AF) [Entered: 12/15/2020 02:38 PM] |
| Filing 2 Filed Appellant Todd Michael Giffen motion for certificate of appealability, to proceed In Forma Pauperis. Deficiencies: None. Served on 11/16/2020. [11904463] (CW) [Entered: 11/24/2020 07:31 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 02/01/2019. Record on appeal included: Yes. [11865706] (OC) [Entered: 10/20/2020 01:59 PM] |
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