Reginald Gary v. The People of the State of Cal, et al
| REGINALD A. GARY |
| SHELLEY DOMINGUEZ, Deputy District Attorney, THE PEOPLE OF THE STATE OF CALIFORNIA, DISTRICT ATTORNEY'S OFFICE and LOS ANGELES DISTRICT ATTORNEY'S OFFICE, AB-1618 |
| 21-55581 |
| June 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and LAWRENCE VANDYKE). A review of the record and appellants response to the June 9, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the magistrate judges report and recommendations challenged in the notice of appeal and amended notice of appeal, both dated May 27, 2021, 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 No. 21-55581 is dismissed for lack of jurisdiction. Appellants response to the June 9, 2021 order to show cause, filed in this court on June 21, 2021, evidences an intent to appeal from the district courts final judgment entered on June 2, 2021. See Smith v. Barry, 502 U.S. 244, 248-49 1992) (If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.). The Clerk will send appellants response to the June 9, 2021 order to show cause to the district court for filing as a notice of appeal from the district courts final judgment entered on June 2, 2021. See Fed. R. App. P. 4(d). DISMISSED. [12173833] (JPD) [Entered: 07/15/2021 03:16 PM] |
| Filing 5 Filed Appellant Reginald A. Gary response to order to show cause. [12154903] (NAC) [Entered: 06/25/2021 02:21 PM] |
| Filing 4 Filed Appellant Reginald A. Gary response to order to show cause; motion this COurt of Appeals for the Ninth Circuit to not dismiss this appeal because there is good faith showing that petititoner took the US District COurts wording and meaning as facts. Served on 06/15/2021. [12150499] (RL) [Entered: 06/22/2021 10:05 AM] |
| Filing 3 Received copy of amended notice of appeal from district court. [12139368] (RL) [Entered: 06/09/2021 03:26 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 27, 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 2, 2021. Within 21 days after the date of this order, appellant must 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12138293] (CKP) [Entered: 06/09/2021 12:30 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/02/2021. Record on appeal included: Yes. [12134277] (JMR) [Entered: 06/04/2021 01:34 PM] |
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