Nevarez v. Godwin, et al.
| RUBEN NEVAREZ |
| ROD GODWIN and MATTHEW RODRIGUEZ |
| 23-1760 |
| August 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ORDER FILED. On September 22, 2023, this court ordered appellant, within 14 days, to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the dismissal of the appeal. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court will, 21 days after the date of this order, act as the mandate of this court. [Entered: 10/30/2023 03:35 PM]
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Filing 4
ORDER FILED. A review of the record suggests that this court may lack jurisdiction over this appeal because the May 19, 2023 magistrate judge order challenged in the notice of appeal filed on August 7, 2023 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). To date, appellant has not filed a new notice of appeal in the district court from the final judgment entered on September 1, 2023. Within 14 days after the date of this order, appellant must move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [Entered: 09/22/2023 11:28 AM]
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| Filing 3 District Court Order Received. Denying Motion to Proceed In Forma Pauperis. [Entered: 08/17/2023 03:48 PM] |
| Filing 2 COA SCHEDULE NOTICE. No COA order in district court. [Entered: 08/10/2023 12:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:21-cv-01040-MMA-SBC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-1760 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/10/2023 11:57 AM] |
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