Steven Eng v. State of Hawaii, et al
| STEVEN ENG |
| STATE OF HAWAII, Department of Public Safety, KUKUI PLAZA ASSOCIATION, AOAO, TOMMY CAYETANO, Sheriff Officer, JOHN DOES, 1-10, JANE DOES, 1-10 and DOES, Associations, 1-10; Partnerships, 1-10; Corporations, 1-10; Governmental Agencies, 1-10 |
| 22-15693 |
| May 6, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 3 MANDATE ISSUED. (JSB, ADH and RDN) [12471344] (NAC) [Entered: 06/15/2022 07:08 AM] |
| Filing 2 Filed order (JAY S. BYBEE, ANDREW D. HURWITZ and RYAN D. NELSON) : A review of the record demonstrates that this court lacks jurisdiction over this appeal because the orders challenged in the appeal are not final or appealable. See 28 U.S.C. 1291; Los Angeles Meml Coliseum Commn v. NFL, 726 F.2d 1381, 1399 (9th Cir. 1984) (denial of motion for change of venue reviewable on appeal from final judgment); see also Branson v. City of Los Angeles, 912 F.2d 334, 336 (9th Cir. 1990) (denial of reconsideration of non-appealable order is itself not appealable); Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1338 (9th Cir. 1976) (district court must be of the opinion that the criteria of 28 U.S.C. 1292(b) are met; court of appeals is without authority to unilaterally accept interlocutory appeal under section 1292(b)). Consequently, this appeal is dismissed for lack of jurisdiction. A review of the district court docket reflects that, to date, appellant has not filed a new notice of appeal from the district courts judgment entered on May 20, 2022. See FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 276 (1991) (premature appeal not cured by subsequent entry of judgment where appellant could not reasonably believe order was final or appealable). DISMISSED. [12455600] (RT) [Entered: 05/24/2022 05:28 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 06/03/2022. Transcript due 07/05/2022. Appellant Steven Eng opening brief due 08/12/2022. Appellees Tommy Cayetano, Does, Jane Does, John Does, Kukui Plaza Association and State of Hawaii answering brief due 09/12/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12440510] (JMR) [Entered: 05/06/2022 01:52 PM] |
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