Williams v. Gonzalez, et al.
| BRANDON CHRISTOPHER WILLIAMS and Tricky |
| O. GONZALEZ, J. ANDRADE, E. CARMONA WALLACE, S. KALETA and A. REYNA |
| 23-1394 |
| July 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Miscellaneous Pro Se Filings Filed [Entered: 10/04/2023 03:01 PM] |
Filing 5
ORDER FILED. A review of the record suggests that this court may lack jurisdiction over this appeal of the district courts May 30, 2023 order dismissing the complaint with leave to amend. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not immediately appealable). Appellants notice of appeal was filed on June 29, 2023. A review of the district court docket reflects that, on August 14, 2023, the district court entered a final order dismissing the action and entered judgment. To date, appellant has not filed a notice of appeal from the August 14, 2023 judgment. See Brown v. Rawson-Neal Psychiatric Hospital, 840 F.3d 1146, 1148 (9th Cir. 2016) (finding district courts prior order dismissing complaint with leave to amend under Federal Rule of Civil Procedure 12(b)(6) was not reviewable on appeal from district courts final order dismissing action as a sanction under Federal Rule of Civil Procedure 41(b)). Within 21 days after the date of this order, appellant must move for voluntary dismissal of this appeal or file a statement explaining why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing remains suspended pending disposition of this order and appellants motions for appointment of counsel and to proceed in forma pauperis. See 9th Cir. R. 27-11. [Entered: 09/21/2023 03:42 PM]
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| Filing 4 MOTION for appointment of counsel filed by Appellant Brandon Christopher Williams. [Entered: 07/28/2023 08:48 AM] |
| Filing 3 MOTION to proceed in forma pauperis filed by Appellant Brandon Christopher Williams. [Entered: 07/27/2023 02:07 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 9/1/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 07/10/2023 12:03 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-02801-FMO-E has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-1394 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 07/10/2023 11:59 AM] |
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