Macario Marruffo v. David Shinn, et al
| DAVID SHINN, Director and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| MACARIO IGNACIO MARRUFFO |
| 21-15652 |
| April 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Filed order (BARRY G. SILVERMAN, JACQUELINE H. NGUYEN and RYAN D. NELSON) Appellants notice of appeal was dated March 29, 2021, and was received by the district court on April 12, 2021. A review of the record and appellants responses to the April 26, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the March 1, 2021 magistrate judge order challenged in the March 29, 2021 notice of appeal is not final or appealable. See Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judges findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court). Consequently, this appeal is dismissed for lack of jurisdiction. The Clerk will transmit appellants notice of appeal filed in this court on May 10, 2021 (Docket Entry No. [ # 8 ]) to the district court for filing as a notice of appeal from the district courts final judgment entered on April 12, 2021. All pending motions are denied as moot. DISMISSED. [12139065] (JBS) [Entered: 06/09/2021 01:47 PM] |
| Filing 10 Filed Appellant Macario Ignacio Marruffo notice of appeal (response to order to show cause). Served on 05/04/2021. [12109695] (RL) [Entered: 05/11/2021 04:27 PM] |
| Filing 9 Filed Appellant Macario Ignacio Marruffo motion to notify AZ. Atty. Gen.'s Office of civil complaint to be filed. Deficiencies: None. Served on 04/28/2021. [12104849] (RL) [Entered: 05/06/2021 02:24 PM] |
| Filing 8 Filed Appellant Macario Ignacio Marruffo request for COA under special action. Deficiencies: None. Served on 04/20/2021. [12103163] (RL) [Entered: 05/05/2021 01:58 PM] |
| Filing 7 ENTRY UPDATED. Filed Appellant Macario Ignacio Marruffo exhibit. Not dated. Paper filing deficiency: None. [12100664] [12100664]--[Edited 05/04/2021 by RL] (RL) [Entered: 05/03/2021 05:23 PM] |
| Filing 6 Filed Appellant Macario Ignacio Marruffo motion for cross-appeal. Deficiencies: None. Served on 04/22/2021. [12100323] (RL) [Entered: 05/03/2021 03:24 PM] |
| Filing 5 Filed Appellant Macario Ignacio Marruffo letter dated re: Exhibit. Paper filing deficiency: None. [12098417] (JFF) [Entered: 04/30/2021 02:04 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): Appellants notice of appeal is dated March 29, 2021, and was received by the district court on April 12, 2021. A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the March 29, 2021 notice of appeal is not final or appealable. See Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judges findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court). To date, appellant has not filed a notice of appeal from the district courts final judgment entered on April 12, 2021. Within 21 days after the date of this order, appellant must move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12085919] (CKP) [Entered: 04/25/2021 07:46 PM] |
| Filing 3 Received copy of motion filed inUnited States District Court District of Arizona re: Motion of objection with notice US Dist. Ct. is discriminating and has overroad higher clearly established law. Motion filed by Appellant Macario Ignacio Marruffo. [12076278] (RL) [Entered: 04/15/2021 04:01 PM] |
| Filing 2 Filed Appellant Macario Ignacio Marruffo motion of appeal with petition for review with request to issue COA. Deficiencies: None. Served on 03/11/2021. [12076273] (RL) [Entered: 04/15/2021 03:58 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/12/2021. Record on appeal included: Yes. [12073639] (JBS) [Entered: 04/14/2021 09:42 AM] |
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