Jacob Smith v. Johnson, et al
| JACOB SMITH |
| JOHNSON, Designated Hearings Officer, ROXANNE WIGERT, JAMES SALMONSEN and BRIAN GOOTKIN |
| 22-35633 |
| August 9, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed order (MILAN D. SMITH, JR., DANIEL A. BRESS and LAWRENCE VANDYKE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the 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). Consequently, this appeal is dismissed for lack of jurisdiction. The Clerk will open a new appeal from the notice of appeal filed in the district court on August 24, 2022. DISMISSED. [12547057] (WL) [Entered: 09/22/2022 02:36 PM] |
| Filing 4 Filed Appellant Jacob Smith motion for clarification. Deficiencies: None. Served on 09/01/2022. [12543140] (QDL) [Entered: 09/19/2022 10:33 AM] |
| Filing 3 Received copy of amended notice of appeal from district court, filed 08/24/2022. [12526190] (HH) [Entered: 08/25/2022 11:22 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the 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 August 9, 2022. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12514580] (CKP) [Entered: 08/11/2022 02:26 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 Jacob Smith opening brief due 10/07/2022. [12513022] (ABT) [Entered: 08/09/2022 11:24 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
