Marlin Penn v. A. Lucas, et al
| MARLIN ASHLEY PENN |
| A. LUCAS, Appeals Coordinator, M. HERNANDEZ, Correctional Counselor II, T HOWARD, Correctional Officer, G. GEBREMEDHIN, M. JIMENEZ, DEFENDANT DOE, WARDEN OF KERN VALLEY, CHRISTIAN PFEIFFER, Warden, Warden of Kern Valley and WARDEN OF KERN VALLEY STATE PRISON |
| 23-15646 |
| May 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 MANDATE ISSUED. (JHN, MTF and JS) [12740813] (RL) [Entered: 06/22/2023 09:11 AM] |
| Filing 4 Filed order (JACQUELINE H. NGUYEN, MICHELLE T. FRIEDLAND and JENNIFER SUNG) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district courts April 7, 2023 order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; 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. The pending motion for clarification is denied as moot. DISMISSED. [12726074] (ABT) [Entered: 05/31/2023 04:42 PM] |
| Filing 3 Filed Appellant Marlin Ashley Penn motion to clarify appeal. Deficiencies: None. Served on 05/15/2023. (notice of change of address: D-83659, CSP-KVSP, PO Box 5101, Delano, CA 93216) [12719453] --[Edited: Updated Address. 05/19/2023 by TYL] (RL) [Entered: 05/19/2023 02:12 PM] |
| Filing 2 COURT CORRECTION: Entered appearance of Appellant Marlin Ashley Penn. [12706581] (TYL) [Entered: 05/01/2023 04:19 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Marlin Ashley Penn opening brief due 06/26/2023. Appellees Defendant Doe, Warden of Kern Valley State Prison, G. Gebremedhin, M. Hernandez, T Howard, M. Jimenez, A. Lucas, Christian Pfeiffer, Warden and Warden of Kern Valley answering brief due 07/26/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12706402] --[Edited 05/01/2023 by RT] (ABT) [Entered: 05/01/2023 02:57 PM] |
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