Dave Sare v. USA, et al
| DAVE SARE |
| UNITED STATES OF AMERICA, BRIAN BIRKHOLZ, FCC Complez Warden and COLETTE S. PETERS, Director of the Federal Bureau of Prisons |
| 23-55031 |
| January 12, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
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| Filing 4 Filed order (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and GABRIEL P. SANCHEZ) 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 Land v. Deeds, 878 F.2d 318 (9th Cir. 1989) (order denying bail on habeas petition is not appealable) (per curiam); see also In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. We construe appellants notice of appeal as a petition for writ of mandamus. Appellant has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977); see also Land, 878 F.2d at 318 (Bail pending a decision in a habeas case is reserved for extraordinary cases involving special circumstances or a high probability of success.). Accordingly, the petition is denied. DISMISSED in part; DENIED in part. [12638613] (WL) [Entered: 01/25/2023 02:58 PM] |
| Filing 3 Added Attorney(s) Bram M. Alden for party(s) Appellee Brian Birkholz Appellee Colette S. Peters Appellee USA, in case 23-55031. [12629883] (NAC) [Entered: 01/13/2023 08:29 AM] |
| Filing 2 Filed (ECF) notice of appearance of Bram M. Alden (U.S. Attorney's Office, 1000 United States Courthouse, 312 North Spring Street, Los Angeles, CA 90012) for Appellees USA, Brian Birkholz and Colette S. Peters. Date of service: 01/13/2023. (Party was previously proceeding with counsel.) [12629882] [23-55031] (Alden, Bram) [Entered: 01/13/2023 08:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Dave Sare opening brief due 03/13/2023. Appellees Brian Birkholz, Colette S. Peters and United States of America answering brief due 04/13/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12629287] (RT) [Entered: 01/12/2023 11:51 AM] |
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