Andre Citizen v. Brian Faylor, et al
| ANDRE D. CITIZEN |
| BRIAN FAYLOR, No. C8640, individual and official capacity, MIRIAM I. MORTON, individual and official capacity, LISA LOGAN, individual and official capacity, ERIC M. NAKATA, individual and official capacity, JOHN MCMAHON, individual and official capacity, VANESSA LOPEZ, No. C9280, individual and official capacity, FELIX ARREOLA, No. 10225, individual and official capacity, TY JAMES, No. F5107, individual and official capacity, CURT HAGMAN, individual and offiical capacity and JANICE RUTHERFORD, individual and official capacity |
| 21-56006 |
| September 15, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 MANDATE ISSUED. (MMM, WAF and JSB) [12280745] (RL) [Entered: 11/08/2021 09:31 AM] |
| Filing 4 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 district court has not issued any orders that are final or appealable. See 28 U.S.C. 1291; Silberkleit v. Kantrowitz, 713 F.2d 433, 434 (9th Cir. 1983) (order granting or denying a stay of proceedings is not generally a final decision appealable under 28 U.S.C. 1291); United States v. Washington, 573 F.2d 1121, 1122 (9th Cir. 1978) (order denying motion to disqualify judge is not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. To the extent that appellants notice of appeal requests relief by way of a petition for writ of mandamus, the request is denied because appellant has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). DISMISSED in part; DENIED in part. [12258662] (AF) [Entered: 10/15/2021 02:05 PM] |
| Filing 3 Sent Appellant a copy of the FRAP and Ninth Circuit rules and a letter advising that self represented parties do not file FORM 30 in response to his letter of request filed on 10-04-2021. [12247376] (JR) [Entered: 10/05/2021 08:59 AM] |
| Filing 2 Filed Appellant Andre D. Citizen letter dated 09/29/2021 re: request for forms. Paper filing deficiency: None. [12247298] (DJV) [Entered: 10/05/2021 07:39 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Andre D. Citizen opening brief due 11/08/2021.[12229406] (JBS) [Entered: 09/15/2021 02:03 PM] |
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