Megeso Denis v. David Ige, et al
| MEGESO WILLIAM ALAN DENIS, AKA William Denis |
| DAVID Y. IGE, in his individual and official capacity as Governor of the State of Hawai'i, CLARE E. CONNORS, in her individual and official capacity as Attorney General of the State of Hawai'i, DEREK KAWAKAMI, in his individual and official capacity as Mayor of the County of Kaua'i, TODD RAYBUCK, in his individual and official capacity as Chief of Police, County of Kaua'i, DEREK KELLEY, in his individual and official capacity as an Officer of Kaua'i Police Dept., RUSSELL HIMONGALA, in his individual and official capacity as an Officer of Kaua'i Police Dept. and ARRYL KANESHIRO, In his individual and official capacity as County Council Chair (County of Kaua'i) |
| 21-16610 |
| October 1, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 4 MANDATE ISSUED. (MMM, WAF and JSB) [12282266] (RL) [Entered: 11/09/2021 09:21 AM] |
| Filing 3 Filed order (M. MARGARET MCKEOWN, WILLIAM A. FLETCHER 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 28 U.S.C. 1291; Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order disposing of fewer than all claims against all parties not immediately appealable unless district court directs entry of judgment pursuant to Fed. R. Civ. P. 54(b)). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12260387] (AF) [Entered: 10/18/2021 03:44 PM] |
| Filing 2 Received copy of District Court order filed on 09/30/2021 re: Plaintiff has filed a "Motion for Leave To Appeal." Because no leave of court is needed to file an appeal, this court treats this document as a notice of appeal, rather than as a motion requiring a ruling by this court. However, in the interest of saving Plaintiff time, effort, and money, this court notes that the orders Plaintiff identifies in his filing are not presently appealable because there is no final judgment in this case. Plaintiff's claims against two police officers remain pending at this time, so the case is still ongoing. Upon entry of final judgment, all of this court's rulings may be appealed at once. An appeal in this case, even a premature appeal, requires a filing fee, which Plaintiff will have to pay if he proceeds with the present appeal. If the appeal is dismissed by the appellate court because it is from what are presently nonappealable orders, that filing fee will have been wasted. Of course, it is the appellate court, not this court, that determines whether to dismiss or proceed with an appeal, and Plaintiff is free to go forward with the appeal if he so chooses. The court is by no means trying to thwart any appellate review of its rulings, and the present notice of appeal will remain in effect unless the notice is withdrawn by Plaintiff or the appellate court directs otherwise. In the meantime, this court will continue to treat the case as pending before it and to treat its jurisdiction as unaffected by what is clearly a premature appeal. re [104] . [12245206] (RL) [Entered: 10/01/2021 02:25 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Megeso William Alan Denis opening brief due 11/29/2021. Appellees David Y. Ige, et al answering brief due 12/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12244724] (JPD) [Entered: 10/01/2021 10:00 AM] |
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| Plaintiff / appellant: MEGESO WILLIAM ALAN DENIS, AKA William Denis | |
| Represented By: | Megeso William Alan Denis |
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| Defendant / appellee: DAVID Y. IGE, in his individual and official capacity as Governor of the State of Hawai'i | |
| Represented By: | Michelle L. Agsalda |
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| Defendant / appellee: CLARE E. CONNORS, in her individual and official capacity as Attorney General of the State of Hawai'i | |
| Represented By: | Michelle L. Agsalda |
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| Defendant / appellee: DEREK KAWAKAMI, in his individual and official capacity as Mayor of the County of Kaua'i | |
| Represented By: | Charles Arthur Foster Esquire |
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| Defendant / appellee: TODD RAYBUCK, in his individual and official capacity as Chief of Police, County of Kaua'i | |
| Represented By: | Charles Arthur Foster Esquire |
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| Defendant / appellee: DEREK KELLEY, in his individual and official capacity as an Officer of Kaua'i Police Dept. | |
| Represented By: | Andrew Scott Michaels |
| Represented By: | Andrew Michaels |
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| Defendant / appellee: RUSSELL HIMONGALA, in his individual and official capacity as an Officer of Kaua'i Police Dept. | |
| Represented By: | Andrew Scott Michaels |
| Represented By: | Andrew Michaels |
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| Defendant / appellee: ARRYL KANESHIRO, In his individual and official capacity as County Council Chair (County of Kaua'i) | |
| Represented By: | Mark L.E. Bradbury |
| Represented By: | Mark Bradbury |
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