BWD Properties 2, LLC, et al v. Bobby Len Franklin, et al
| ROBERT LEE FRANKLIN, BOBBY DEAN FRANKLIN and DONNA SUE OWENS |
| BWD PROPERTIES 2, LLC, BWD PROPERTIES 3, LLC and BWD PROPERTIES 4, LLC |
| BOBBY LEN FRANKLIN, DBA Daydream Land & Systems Development Company |
| UNITED STATES OF AMERICA |
| 21-17046 |
| December 13, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed order (RICHARD C. TALLMAN, MORGAN B. CHRISTEN and JACQUELINE H. NGUYEN) On October 12, 2021, the magistrate judge denied as moot five post-judgment motions. On October 22, 2021, appellant filed an objection to the magistrate judges order. On December 13, 2021, appellant filed a notice of appeal of the October 12, 2021 order.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; In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. We construe the October 22, 2021 objection as an appeal of the magistrate judges October 12, 2021 order to the district court. See Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties). The district court has not ruled on the appeal. The Clerk will send a copy of this order to the district judge. DISMISSED. [12346254] (WL) [Entered: 01/20/2022 02:50 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Bobby Len Franklin opening brief due 02/14/2022. Appellees BWD Properties 2, LLC, BWD Properties 3, LLC, BWD Properties 4, LLC and United States of America answering brief due 03/14/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12314392] (RT) [Entered: 12/13/2021 02:46 PM] |
| Filing 1 Fee status changed ( [Case Number 21-17046: Paid] ). [12314386] (RT) [Entered: 12/13/2021 02:44 PM] |
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