Emmanuel Adeyinka v. Empire Towing and Transport, et al
| EMMANUEL ADEWALE ADEYINKA |
| EMPIRE TOWING AND TRANSPORT, CLACKAMAS COUNTY SHERIFF'S OFFICE, BURLINGTON, MATT ROACH, Deputy for Clackamas County, BRETT ETHINGTON, Deputy Clackamas County Sheriff Office and LETITIA WALKERS, Deputy Clackamas County Sheriff Office |
| 23-35311 |
| May 4, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 4 MANDATE ISSUED. (JHN, MTF and JS) [12741740] (NAC) [Entered: 06/23/2023 08:02 AM] |
| Filing 3 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 court vacated the judgment challenged in this appeal and reopened the case. Because the action is still pending in the district court, this appeal is dismissed for lack of jurisdiction. See 28 U.S.C. 1291. DISMISSED. [12726916] (AF) [Entered: 06/01/2023 03:49 PM] |
Filing 2
Received copy of District Court order filed on 05/16/2023. On April 24, 2023, the court entered judgment dismissing the case based on what appeared to be a stipulation of the parties. Since then, plaintiff has notified the court that he did not stipulate for the case to be dismissed. Under Rule 60(b), the court may, on its own motion, vacate a judgment based on "mistake" or "any other reason that justifies relief." See Kingvision Pay-Per-View Ltd. v. Lake Alice Bar, 168 F.3d 347 (1999). Because it appears that the court mistakenly entered a judgment of dismissal in this case, the judgment is vacated on this court's own motion under Rule 60(b), and the Clerk of the Court is directed to reopen these consolidated cases. IT IS SO ORDERED. Signed on 5/16/2023 by Magistrate Judge Youlee Yim You. [12717013] (NAC) [Entered: 05/16/2023 02:37 PM]
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| 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 Emmanuel Adewale Adeyinka opening brief due 06/30/2023. [12709010] (JBS) [Entered: 05/04/2023 01:33 PM] |
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