Larry Cortinas v. M. Huerta, et al
| R. RUIZ, Correctional Officer at CSP-Corcoran, M. HUERTA, Correctional Officer at CSP-Corcoran, A. RANDOLPH, Correctional Officer at CSP-Corcoran and J. SCALIA, Correctional Officer at CSP-Corcoran |
| LARRY WILLIAM CORTINAS |
| 21-15235 |
| February 10, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (MDS, BSB and PJB) [12063220] (RL) [Entered: 04/05/2021 10:03 AM] |
| Filing 2 Filed order (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the judgment challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; 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 Fed. R. Civ. P. 54(b)). This action remains pending before the district court. Although the district court entered a judgment as to defendant Huerta, it did not certify this judgment for immediate appeal pursuant to Federal Rule of Civil Procedure 54(b). 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)). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12039223] (WL) [Entered: 03/12/2021 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 Larry William Cortinas opening brief due 04/09/2021. Appellees M. Huerta, A. Randolph, R. Ruiz and J. Scalia answering brief due 05/10/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11999537] (JMR) [Entered: 02/10/2021 02:15 PM] |
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