Marlon Blacher v. Raplh Diaz, et al
W. L. MONTGOMERY, Acting Warden, Warden, RALPH DIAZ, VILLA, Correctional Peace Officer, M. GUEVARA ORTEGA, PERN # 121759, ROHOTAS, Correctional Peace Officer, STATE OF CALIFORNIA, Impersonator, ALL RJD CORRECTIONAL FACILITY, FAC D, BLDG. 7, Staffing Persons, Correctional Peace Officers, Medical Department Staffing Persons and Mental Health Staffing Persons, XAVIER BECERRA, Attorney General, JOHN OR JANE DOE, Web Host/Operator/Owner, ALL RJD CORRECTIONAL FACILITY, FAC A, BLDG. 5, 2nd and 3rd Watch Correctional Peace Officers, WARDEN, RJD Correctional Facility, ALL PIONEER'S MEDICAL CENTER, Staffing Persons, KLESCHEL, CCII Fac. D Calipatria, THERESA J. CANEPA, Judge of the Superior Court, ALLEGRE, Program Sat. Fac. D, SAN DIEGO COUNTY DISTRICT ATTORNEY, CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Every CDCR Location, JEREMY CHARLES DOERNBERGER, Deputy Attorney General, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, PO Box 942883, R. COLVERT, Correctional Facility Inmate Appeals Officer, DEBORAH B. WADLEIGH, Supervising Deputy Attorney General, ALL CALPATRIA STATE PRISON CORRETIONAL POLICE OFFICERS, S. COWEY, Calipatria, ALL CALIPATRIA STATE PRISON ADMINISTRATIVE SEGREGATION CORRECTIONAL OFFICERS AND MEDICAL DEPARTMENT STAFFING PERSONS, E. FRIJAS, CCII at RJD, LINDA FULLERTON, C. GOODSON, CCI Fac. D Calipatria and MARK ZUCKERBERG, Facebook CEO/Chairman/President of Such |
MARLON BLACHER, AKA Marlon Jessie Blacher |
20-56039 |
October 7, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Filing 3 MANDATE ISSUED. (WAF, MSB and JSB) [11885809] (JFF) [Entered: 11/09/2020 09:11 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)); Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). 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. [11860530] (WL) [Entered: 10/15/2020 03:28 PM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: Yes. The schedule is set as follows: Appellant Marlon Blacher opening brief due 12/04/2020. Appellees Ralph Diaz, et al. answering brief due 01/04/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11850682] (JPD) [Entered: 10/07/2020 11:38 AM] |
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