Justin Edmiston v. Ricardo Saucedo, et al
| JUSTIN EDMISTON |
| RICARDO SAUCEDO, JAMES WEILAND, C.E.R.T. "Senior" and WILLIAM GITTERE, added per #7 Screening Order; #8 AC |
| 22-16719 |
| November 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 Attorney John Christopher Dorame in 22-16719 substituted by Attorney Gregory L. Zunino in 22-16719 [12609913] (NAC) [Entered: 12/14/2022 07:49 AM] |
| Filing 4 Filed (ECF) notice of appearance of Gregory L. Zunino (Nevada Office of the Attorney General, 100 N. Carson Street, Carson City, Nevada 89701) for Appellees William Gittere, Ricardo Saucedo and James Weiland. Substitution for Attorney John Christopher Dorame for Appellees William Gittere, Ricardo Saucedo and James Weiland. Date of service: 12/14/2022. (Party was previously proceeding with counsel.) [12609866] [22-16719] (Zunino, Gregory) [Entered: 12/14/2022 06:03 AM] |
| Filing 3 Filed Appellant Justin Edmiston motion titled petition for writ of mandamus. Deficiencies: No certificate of service. Served on. [12593451] (DJV) [Entered: 11/22/2022 06:50 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): On October 31, 2022, the district court entered an order that, among other things, denied appellants motion for summary judgment, denied appellants motion for a preliminary injunction, and referred the matter to the magistrate judge for a settlement conference. It appears that the only portion of the October 31, 2022 order that is reviewable at this time is the portion of the order denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1); see also 28 U.S.C. 1291; Simons v. United States, 497 F.2d 1046, 1050 (9th Cir. 1974) (denial of summary judgment is not immediately reviewable). Appellants notice of appeal filed in the district court on November 2, 2022 did not specify which portion of the October 31, 2022 order he is challenging on appeal. Within 21 days after the date of this order, appellant must show cause why the scope of this appeal should not be limited to the portion of the order denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1). 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 suspended pending further order of the court. [12588788] (CKP) [Entered: 11/16/2022 12:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT . SEND MQ: No. The schedule is set as follows: Appellant Justin Edmiston opening brief due 01/03/2023. Appellees William Gittere, Ricardo Saucedo and James Weiland answering brief due 01/31/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12579777] (ABT) [Entered: 11/03/2022 02:46 PM] |
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