James Farr v. Daniel Paramo, et al
| S. WALL, Sergeant and T. SOTO |
| JAMES EMMETT FARR |
| STOUT, Captain, JANE DOES, 1 - 10, M. RAMRAKHA, Sergeant, R. BERNARD, Correctional Officer, GREGORY SAVALA, Lieutenant, JOHN DOES, 1 - 10, T. FINK, Correctional Officer, DANIEL PARAMO, Warden, A. HERNANDEZ, Correctional Officer, R. AMARO, Correctional Officer and E. RAMIREZ, Correctional Officer |
| 20-55019 |
| January 7, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Received copy of District Court order filed on 03/02/2020. Granting certification of partial final judgment pursuant to FRCP 54(b) [11615381] (RR) [Entered: 03/02/2020 03:55 PM] |
| Filing 5 Filed order (WILLIAM C. CANBY and RONALD M. GOULD) On December 10, 2019, the district court entered a final judgment in favor of three defendants pursuant to Federal Rule of Civil Procedure 54(b). It appears that the district court may have intended this order to be immediately appealable. The district court did not, however, expressly determine that there is no just reason for delay. See Fed. R. Civ. P. 54(b). Accordingly, this appeal is remanded to the district court for the limited purpose of permitting that court to make that determination. See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)); see also Aguirre v. S.S. Sohio Intrepid, 801 F.2d 1185, 1189 (9th Cir. 1986) (order containing Rule 54(b) certification is sufficient to validate a premature notice of appeal if neither party is prejudiced). The district court is requested to serve a copy of any revised order or judgment on this court at its earliest convenience. Briefing and all pending motions are stayed pending further order of the court. [11612831] (CKP) [Entered: 02/28/2020 01:00 PM] |
| Filing 4 Filed Appellant James Emmett Farr motion to extend time to file appellant opening brief until 04/06/2020. Deficiencies: None. Served on 02/17/2020. [11608661] (RR) [Entered: 02/25/2020 03:08 PM] |
| Filing 3 Filed Appellant James Emmett Farr motion to appoint pro bono counsel. Deficiencies: No certificate of service. [11585447] (RR) [Entered: 02/04/2020 04:02 PM] |
| Filing 2 Filed Appellant James Emmett Farr motion to proceed In Forma Pauperis. Deficiencies: No certificate of service. [11585443] (RR) [Entered: 02/04/2020 04:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James Emmett Farr opening brief due 03/06/2020. Appellees R. Amaro, R. Bernard, Jane Does, John Does, T. Fink, A. Hernandez, Daniel Paramo, Warden, E. Ramirez, M. Ramrakha, Gregory Savala and Stout answering brief due 04/06/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11553961] (JPD) [Entered: 01/07/2020 03:42 PM] |
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