Robbie Powelson v. City of Sausalito, et al
| ROBBIE POWELSON |
| CITY OF SAUSALITO, ELLIOTT HOLT, LIEUTENANT STACIE GREGORY, DETECTIVE DEVIN ROSE, MAYOR JANELLE KELLMAN, POLICE CHIEF JOHN ROHRBACHER, CORPORAL BRIAN MATHER, SERGEANT BRANDON RODGERS, BETH DILEGO, LILIAN CERINI-AYER and CITATION PROCESSING CENTER |
| 22-15455 |
| March 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 3 MANDATE ISSUED. (RAP, JBR and PJW) [12447456] (RL) [Entered: 05/16/2022 09:16 AM] |
| Filing 2 Filed order (RICHARD A. PAEZ, JOHNNIE B. RAWLINSON and PAUL J. WATFORD) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district courts March 25, 2022 order denying a temporary restraining order (TRO) is not appealable. See 28 U.S.C. 1292(a)(1); E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742, 762 (9th Cir. 2018) (order) (Ordinarily, a TRO is not an appealable order.); Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). Specifically, the district court did not hold a hearing before denying the request for a TRO, and it declined, at that time, to set a hearing date for a preliminary injunction. See id. Consequently, this appeal is dismissed for lack of jurisdiction. This dismissal is without prejudice to appellant filing a new notice of appeal if the district court enters a subsequent order denying a motion for a preliminary injunction. See 28 U.S.C. 1292(a)(1) (courts of appeals have jurisdiction to review orders of the district courts granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions). DISMISSED. [12429229] (OC) [Entered: 04/22/2022 04:10 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robbie Powelson opening brief due 05/31/2022. Appellees Lilian Cerini-Ayer, Citation Processing Center, City of Sausalito, Beth Dilego, Stacie Gregory, Elliott Holt, Janelle Kellman, Brian Mather, Brandon Rodgers, John Rohrbacher and Devin Rose answering brief due 06/27/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12407638] (JMR) [Entered: 03/29/2022 02:13 PM] |
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