Derek Tate v. D. Degadillo
| DEREK TATE |
| D. DEGADILLO |
| 23-15190 |
| February 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 Filed original and 3 copies of Appellant Derek Tate opening brief of 43 pages (Informal: Yes). Served on 03/29/2023. (case is closed) [12687858] (KT) [Entered: 04/03/2023 03:11 PM] |
| Filing 4 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and LUCY H. KOH) : A review of the record demonstrates that this court lacks jurisdiction over this appeal because the January 26, 2023 order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; United States v. Almany, 872 F.2d 924, 926 (9th Cir. 1989) (order denying motion for discovery is not appealable). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [12686111] (RT) [Entered: 03/30/2023 04:47 PM] |
| Filing 3 Filed Appellant Derek Tate letter dated 03/01/2023 re: proof in forma pauperis status granted by the district court.. Paper filing deficiency: None. [12669142] (BJK) [Entered: 03/07/2023 01:47 PM] |
| Filing 2 Filed Appellant Derek Tate motion to grant a stay in the district court proceedings until plaintiff's appeal is decided. Deficiencies: None. Served on 02/16/2023. [12659175] (BJK) [Entered: 02/22/2023 03:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Derek Tate opening brief due 04/10/2023. Appellee D. Degadillo answering brief due 05/10/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12651045] (JMR) [Entered: 02/10/2023 02:56 PM] |
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| Plaintiff / appellant: DEREK TATE | |
| Represented By: | Derek Tate |
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| Defendant / appellee: D. DEGADILLO | |
| Represented By: | Audra C. Call Esquire |
| Represented By: | Anne M. Kammer |
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