Derek Folley v. Barbara Gorman, et al
| DEREK FOLLEY |
| BARBARA P. GORMAN, Hon., JONATHAN W. SAULINE, Esq., MATHIAS H. HECK, Jr., ASHLEY MARIE ADKINSON, MASSIMO DE MARCHIS, Psy.D., LICDC-CS, KARA MARCIANI, Psy.D., ABPP, DAYTON FORENSIC CENTER FOR WESTERN OHIO, FORENSIC PSYCHIATRY CENTER FOR WESTERN OHIO, ZACHARY FEHRMAN, Detective and CITY OF DAYTON (OHIO) POLICE DEPARTMENT |
| 22-55178 |
| February 17, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 MANDATE ISSUED. (WCC, MSB and MJB) [12398649] (QDL) [Entered: 03/18/2022 08:27 AM] |
| Filing 4 Received original and 10 copies of Appellant Derek Folley opening brief of 5 pages (Informal: No). Served on 02/20/2022. Major deficiency: case is closed. [12382102] (KT) [Entered: 02/28/2022 02:40 PM] |
| Filing 3 Filed order (WILLIAM C. CANBY, MARSHA S. BERZON and MARK J. BENNETT) 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 Nascimento v. Dummer, 508 F.3d 905, 908 (9th Cir. 2007) (transfer order not directly appealable). Consequently, this appeal is dismissed for lack of jurisdiction. To the extent appellants notice of appeal also seeks relief by way of a petition for writ of mandamus, the petition is denied because it does not demonstrate 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); see also NBS Imaging Sys., Inc. v. U.S. Dist. Ct. for E. Dist. of Cal., 841 F.2d 297, 298 (9th Cir. 1988) (court of appeals may review by mandamus an order transferring a case to a district court in another circuit). DISMISSED in part; DENIED in part. [12379578] (WL) [Entered: 02/24/2022 04:40 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12378300] (QDL) [Entered: 02/23/2022 04:08 PM] |
| 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 Derek Folley opening brief due 04/11/2022. [12373193] (ABT) [Entered: 02/17/2022 10:47 AM] |
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