Kentrell Welch v. William Gittere, et al
| KENTRELL D. WELCH |
| WILLIAM GITTERE, Warden, FAC #16, DAVID DRUMMOND, Associate Warden, TOLBERT, Correctional Guard, terminated per FAC #16, SEARLE, Correctional Guard, terminated per FAC #16, FEATHERLY, Correctional Guard, terminated per FAC #16, BALTEIRRA, Prison Guard, terminated per FAC #16, CASTRO, CCS of HRP 1, terminated per FAC #16, ROWLEY, Senior Prison Guard, terminated per FAC #16, PARR, Corrections Officer, FAC #16, KLUM, Contracted Dentist, FAC #16, KELLY LYONS, Dental Assistant, terminated per FAC #16, DIANNA JONES, Certified Nurse Employed Staff, terminated per FAC #16, JACKSON, Senior Prison Guard, terminated per FAC #16, A WARNER, Prison Guard, terminated per FAC #16, MONTOYA, Prison Guard, terminated per FAC #16, ADAMS, Senior Prison Guards, Brothers, Twins; FAC #16, COULTEN ROWLEY, Jr., Prison Guard, terminated per FAC #16, SANDY ROSE, Law Library Suprv, terminated per FAC #16, SANDOVAL, Head Sole CCS III Suprv/and Prea-Cordinator, terminated per FAC #16, JAMES UNDERWOOD, CCS II 2nd Level Case Worker Staff, FAC #!6, RAY RIVERA, CCS I Case Worker Staff, ROBERT HOUSTON, Custody Suprv L.T., terminated per FAC #16, GLORIA CARPENTER, Dir of Nursing Suprv. Dons III, terminated per FAC #16, HANF, Technical Medical Provider, terminated per FAC #16; added per Screening Order ECF #25, JOHN VERDE, Food Service Manager, terminated per FAC #16, FLACO, Custody Suprv, Sgt Capacity, terminated per FAC #16, CHRISTOPHER MILLER, Sgt Custody Suprv., terminated per FAC #16, AARON FORD, A.G. of Nevada, terminated per FAC #16, STEVE SISOLAK, Governor of Nevada, terminated per FAC #16, BARBARA CEGAVSKE, terminated per FAC #16, EISENBERG, Senior Prison Guard, terminated per FAC #16, KERNER, Custody Suprv L.T., terminated per FAC #16, DIAMOND, Prison Guard, terminated per FAC #16, DONAHUE, Custody Suprv L.T., terminated per FAC #16, COUNTY CMMR'S OF WHITE PINE COUNTY, terminated per FAC #16, FIRE MARSHAL CHIEF OF WHITE PINE COUNTY, terminated per FAC #16, CHARLES DANIELS, FAC #16, CLAYSON, FAC #16, SANDOVAL COOKE, FAC #16, JONES, added per Screening Order ECF #25, TOLKEY, added per Screening Order ECF #25 true name Kenneth Tolkkinen, CARPENTER, added per Screening Order ECF #25 and NEVADA DEPARTMENT OF CORRECTIONS |
| 23-15042 |
| January 12, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 9 Filed order (WILLIAM C. CANBY, MILAN D. SMITH, JR. and DANIEL A. BRESS): A review of the record, the opening brief, and the response to the courts February 1, 2023 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the magistrate judges December 16, 2022 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). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12662918] (AF) [Entered: 02/27/2023 03:26 PM] |
| Filing 8 Filed Appellant Kentrell D. Welch motion reply to court. Deficiencies: None. [12653087] (JFF) [Entered: 02/14/2023 02:56 PM] |
| Filing 7 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12647084] (CKP) [Entered: 02/06/2023 02:02 PM] |
| Filing 5 Attorney Laura Ginn in 23-15042 substituted by Attorney Chris Davis in 23-15042 [12645353] (JFF) [Entered: 02/02/2023 04:58 PM] |
| Filing 4 Filed (ECF) notice of appearance of Chris William Davis (State of Nevada Office of the Attorney General 555 East Washington Ave., Suite 3900 Las Vegas, Nevada 89101) for Appellee NDOC. Substitution for Attorney Laura Ginn for Appellee NDOC. Date of service: 02/02/2023. (Party was previously proceeding with counsel.) [12645271] [23-15042] (Davis, Chris) [Entered: 02/02/2023 04:02 PM] |
| Filing 6 Received PLRA authorization response from appellant. Dated 01/19/2023. [Case Number 23-15042: Partially Paid] [12645676] (JFF) [Entered: 02/03/2023 11:06 AM] |
| Filing 3 Filed original and 0 copies of Appellant Kentrell D. Welch opening brief of 7 pages (Informal: Yes). Served on 02/02/2023. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service on appellee's counsel, fee due, osc pending. (briefing remains stayed) [12644792] (KWG) [Entered: 02/02/2023 11:39 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: AT): A review of the notice of appeal indicates that appellant designates the magistrate judges December 16, 2022 report and recommendation as the order challenged in this appeal. This court may lack jurisdiction over this appeal because the magistrate judges report and recommendation 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). 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 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12643865] (AF) [Entered: 02/01/2023 11:06 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kentrell D. Welch opening brief due 03/13/2023. Appellees Adams, Balteirra, Carpenter, Gloria Carpenter, Castro, Barbara Cegavske, Clayson, Sandoval Cooke, County Cmmr's of White Pine County, Charles Daniels, Diamond, Donahue, David Drummond, Eisenberg, Featherly, Fire Marshal Chief of White Pine County, Flaco, Aaron Ford, William Gittere, Hanf, Robert Houston, Jackson, Jones, Dianna Jones, Kerner, Klum, Kelly Lyons, Christopher Miller, Montoya, Nevada Department of Corrections, Parr, Ray Rivera, Sandy Rose, Rowley, Coulten Rowley Jr., Sandoval, Searle, Steve Sisolak, Tolbert, Tolkey, James Underwood, John Verde and A Warner answering brief due 04/12/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12629557] (ABT) [Entered: 01/12/2023 02:15 PM] |
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