Michael Jace v. Margaret Lirones, et al
| MICHAEL ANDREW JACE |
| MARGARET LIRONES, Senior Librarian at CSP-Corcoran, KEN CLARK, Warden, Warden at CSP-Corcoran and A. PETERSON, Captain 4B Yard at CSP-Corcoran |
| 23-15586 |
| April 21, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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| Filing 6 Filed order (JACQUELINE H. NGUYEN, MICHELLE T. FRIEDLAND and JENNIFER SUNG) Appellants motion for reconsideration of the May 2, 2023 Clerk order setting a preliminary injunction appeal briefing schedule under Ninth Circuit Rule 3-3 (Docket Entry No. [ # 4 ]) is granted. The May 2, 2023 Clerk order (Docket Entry No. [ # 3 ]) is vacated. A review of the record and appellants motion for reconsideration demonstrates that notice of appeal challenges the district courts April 7, 2023 order (D.C. Docket Entry No. 23) dismissing certain claims and defendants. This court lacks jurisdiction over this appeal because the April 7, 2023 order challenged in the appeal is not final or immediately appealable. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order disposing of fewer than all claims against all parties not immediately appealable unless district court directs entry of judgment pursuant to Fed. R. Civ. P. 54(b)). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12727237] (JMR) [Entered: 06/02/2023 09:12 AM] |
| Filing 5 Filed Appellant Michael Andrew Jace motion to extend time to file appellant opening brief until 06/20/2023. Deficiencies: None. Served on 05/21/2023. [12723466] (BJK) [Entered: 05/26/2023 12:55 PM] |
| Filing 4 Filed Appellant Michael Andrew Jace motion to reconsider order of the Clerk of the Court filed on 05/02/2023. Deficiencies: None. Served on 05/12/2023. [12718649] (BJK) [Entered: 05/18/2023 02:27 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): The appeal filed April 19, 2023 appears to seek review of the district courts April 7, 2023 order denying appellants motion for a preliminary injunction. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule is established as follows: appellants opening brief is due May 22, 2023. As there are no appearances for the appellees, briefing will be deemed completed upon the filing of appellants opening brief. The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12707230] (CKP) [Entered: 05/02/2023 01:20 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12701365] (CKP) [Entered: 04/24/2023 11:17 AM] |
| 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 Michael Andrew Jace opening brief due 06/20/2023. [12700603] (ABT) [Entered: 04/21/2023 01:52 PM] |
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