Austin Martin v. Scott Nago
| AUSTIN D. MARTIN, Election Observer, a Natural Person residing at 16-566 Keaau Pahoa Rd, #188-736, Hawaii County, Hawaii |
| SCOTT T. NAGO, personally and in his official capacity as Chief Elections Officer, for the Office of Elections, State of Hawaii |
| 23-15209 |
| February 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - False Claims Act |
Docket Report
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| Document Text |
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| Filing 5 MANDATE ISSUED. (WCC, MDS and DAB) [12680170] (HH) [Entered: 03/23/2023 09:33 AM] |
| Filing 4 Filed order (WILLIAM C. CANBY, MILAN D. SMITH, JR. and DANIEL A. BRESS) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the orders challenged in the appeal are not final or appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissal of complaint with leave to amend is not appealable); see also Branson v. City of Los Angeles, 912 F.2d 334, 336 (9th Cir. 1990) (denial of reconsideration of non-appealable order is itself not appealable). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12664568] (ABT) [Entered: 03/01/2023 09:33 AM] |
| Filing 3 Added Attorney(s) Jennifer H. Tran for party(s) Appellee Scott T. Nago, in case 23-15209. [12654601] (NAC) [Entered: 02/16/2023 10:45 AM] |
| Filing 2 Filed (ECF) notice of appearance of Jennifer H. Tran (425 Queen Street, Honolulu, Hawaii 96813) for Appellee Scott T. Nago. Date of service: 02/16/2023. (Party was previously proceeding with counsel.) [12654412] [23-15209] (Tran, Jennifer) [Entered: 02/16/2023 09:48 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Austin D. Martin opening brief due 04/17/2023. Appellee Scott T. Nago answering brief due 05/17/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12653677] (RT) [Entered: 02/15/2023 11:37 AM] |
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| Plaintiff / appellant: AUSTIN D. MARTIN, Election Observer, a Natural Person residing at 16-566 Keaau Pahoa Rd, #188-736, Hawaii County, Hawaii | |
| Represented By: | Austin D. Martin |
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| Defendant / appellee: SCOTT T. NAGO, personally and in his official capacity as Chief Elections Officer, for the Office of Elections, State of Hawaii | |
| Represented By: | Jennifer H. Tran Esquire |
| Represented By: | Reese R. Nakamura |
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