James Williams v. Craig Koenig, et al
| NGUYEN, First name unknown; Primary Care Provider CTF, K.J. ALLEN, Appeal Examiner Headquarters, K. HOFFMAN, Associate Deputy Warden CTF, S. GATES, Chief Health Care Appeals Headquarters, R. CATRINA, HCCA CTF, C. FREEMAN, HCAU CTF, M. SWEET, CP&S/MD CTF, RACHEAL ANDERSON, Primary Care Provider CTF, T. LENNON, Associate Warden, STEVE POSSON, Chief Medical Executive CTF, J. BORROSO, LT CTF and CRAIG KOENIG, Acting Warden, CTF |
| JAMES WILLIAMS |
| 21-15983 |
| June 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed order (Deputy Clerk: DA) On June 10, 2021, this court ordered appellant, within 21 days, to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. Appellants appeal from the district courts judgment entered on June 7, 2021 remains pending as appeal No. 21-16092. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court.[12171740] (JPD) [Entered: 07/13/2021 05:03 PM] |
| Filing 4 Added Attorney Samuel Weiss for Appellant James Williams, in case 21-15983. [12158182] (HH) [Entered: 06/29/2021 03:37 PM] |
| Filing 3 Filed (ECF) notice of appearance of Samuel David Kinder Weiss (Rights Behind Bars, 416 Florida Avenue NW, Unit 26152. Washington, DC 20001.) for Appellant James Williams. Date of service: 06/29/2021. (Party was previously proceeding pro se.) [12158120] [21-15983] (Weiss, Samuel) [Entered: 06/29/2021 03:24 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the May 28, 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 June 7, 2021. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12140368] (CKP) [Entered: 06/10/2021 11:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. NO APPEARANCE BY APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant James Williams opening brief due 08/09/2021. [12138097] (HH) [Entered: 06/08/2021 04:30 PM] |
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