Eber Ruth v. Warden, et al
| EBER GENE RUTH |
| WARDEN, at Valley State Prison, COMMISSIONER, at Valley State Prison, CHIEF PSYCHOLOGIST, at Valley State Prison and BRASS, Captain at Valley State Prison |
| 23-15883 |
| June 14, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 7 MANDATE ISSUED. (BGS, RDN and PJB) [12758688] (BJK) [Entered: 07/20/2023 10:58 AM] |
| Filing 6 Filed Appellant Eber Gene Ruth motion: appeal of recommendation to deny plaintiff application to proceed in forma pauperis. Deficiencies: None. Served on 07/11/2023. [12756119] (BJK) [Entered: 07/17/2023 11:01 AM] |
| Filing 5 Filed order (BARRY G. SILVERMAN, RYAN D. NELSON and PATRICK J. BUMATAY) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the 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; premature appeal not cured by subsequent entry of final judgment by district court). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [12744931] (JMR) [Entered: 06/28/2023 01:45 PM] |
| Filing 4 Filed Appellant Eber Gene Ruth motion for declatory summary judgment. Deficiencies: None. Served on 06/20/2023. [12743827] (BJK) [Entered: 06/27/2023 11:47 AM] |
| Filing 3 Filed Appellant Eber Gene Ruth motion to proceed In Forma Pauperis. Deficiencies: None. Served on 06/20/2023. [12743824] (BJK) [Entered: 06/27/2023 11:44 AM] |
| Filing 2 Filed Appellant Eber Gene Ruth motion to appoint pro bono counsel. Deficiencies: None. Served on 06/20/2023. [12743820] (BJK) [Entered: 06/27/2023 11:41 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 Eber Gene Ruth opening brief due 08/14/2023. [12735835] (ABT) [Entered: 06/14/2023 01:27 PM] |
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