Tidiane Kone v. James Milburn
| TIDIANE KONE |
| JAMES MILBURN, Superintendent, Spring Creek Correctional Center |
| 23-35147 |
| March 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 5 Filed order (RICHARD A. PAEZ, PAUL J. WATFORD and DANIELLE J. FORREST): A review of the record and appellants response to the March 9, 2023 order to show cause demonstrates that this court lacks jurisdiction over this appeal. Appellants February 22, 2023 motion for appeal does not identify any final or appealable orders. See 28 U.S.C. 1291. Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12703252] (AF) [Entered: 04/26/2023 10:54 AM] |
| Filing 4 Filed Appellant Tidiane Kone response to order to show cause. Served on 03/14/2023. [12678223] (RL) [Entered: 03/21/2023 09:36 AM] |
| Filing 3 Filed Appellant Tidiane Kone letter dated 03/08/2023 re: Notice of conspiracy theory. Paper filing deficiency: None. [12673761] (RL) [Entered: 03/14/2023 12:16 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: AT): On February 27, 2023, this court received appellants motion for appeal by permission pursuant to Federal Rule of Appellate Procedure 5. The motion for appeal was transferred to the district court and docketed as a notice of appeal. The motion for appeal is dated February 22, 2023, which is the same day the judgment was entered and mailed from the district court. Therefore, the motion for appeal does not appear to be in response to the final judgment entered in district court on February 22, 2023. To date, appellant has not filed a notice of appeal challenging the final judgment. A review of the record indicates that that this court may lack jurisdiction over this appeal because motion for appeal does not challenge any final or appealable orders. See 28 U.S.C. 1291; FirsTier Mortgage Ins. Co., 498 U.S. 269, 271 (1991) (premature appeal not cured by subsequent entry of judgment where appellant could not reasonably believe order was final or appealable). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. [12670933] (OC) [Entered: 03/09/2023 03:47 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 02/21/2023. Record on appeal included: Yes. [12664971] (JBS) [Entered: 03/01/2023 12:53 PM] |
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| Petitioner / appellant: TIDIANE KONE | |
| Represented By: | Tidiane Kone |
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| Respondent / appellee: JAMES MILBURN, Superintendent, Spring Creek Correctional Center | |
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