John Smith v. State of Washington
| JOHN GARRETT SMITH |
| STATE OF WASHINGTON |
| 23-35273 |
| April 21, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Filed Appellant John Garrett Smith letter dated 05/25/2023 re: Notification of Recurring Illegal Dereliction of FOIA/PRA Duties. Paper filing deficiency: None. [12729870] (QDL) [Entered: 06/06/2023 01:19 PM] |
| Filing 6 Filed order (Deputy Clerk: MCD): A review of the record and appellants response to the courts April 24, 2023 order to show cause demonstrates that this court lacks jurisdiction over this appeal filed on April 11, 2023 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. The Clerk will transmit a copy of appellants May 8, 2023 response to the order to show cause (Docket Entry No. [ # 3 ], pp. 2-5) to the district court for filing as a notice of appeal from the district courts final order and judgment entered April 18, 2023. See Fed. R. App. P. 4(d); Smith v. Barry, 502 U.S. 244, 248-49 (1992) (If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.). DISMISSED. [12727339] (JBS) [Entered: 06/02/2023 10:30 AM] |
| Filing 5 Filed Appellant John Garrett Smith letter dated 05/13/2023 re: Notification of illegal dereliction. Paper filing deficiency: None. [12721303] (QDL) [Entered: 05/23/2023 02:47 PM] |
| Filing 4 Received copy of District Court order filed on 05/18/2023. ORDER: The Court adheres to its earlier Order (Dkt. No. 7) and ORDERS that a certificate of appealability is DENIED in this case. [12719149] (QDL) [Entered: 05/19/2023 11:05 AM] |
| Filing 3 Filed Appellant John Garrett Smith letter dated 04/27/2023 re: Action for Enforcement of FOIA/PRA. Paper filing deficiency: None. [12711903] (QDL) [Entered: 05/09/2023 11:00 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): A review of the record suggests that this court may lack jurisdiction over this appeal filed in the district court on April 11, 2023, because the district court had not issued any final orders at the time the notice of appeal was filed. See 28 U.S.C. 1291; 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 notice of appeal from the district courts final judgment entered on April 18, 2023. Within 21 days after the date of this order, appellant must move for voluntary dismissal of this 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. [12701653] (CKP) [Entered: 04/24/2023 02:18 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12700543] (JMR) [Entered: 04/21/2023 01:25 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: John Smith v. State of Washington | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner / appellant: JOHN GARRETT SMITH | |
| Represented By: | John Garrett Smith |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent / appellee: STATE OF WASHINGTON | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
