Maxwell v. Pacione, et al.
| SHAWN MAXWELL |
| LISA PACIONE, in her official and individual capacities, MONICA MEZA TRUJILLO, CYNTHIA LOO, in her official and individual capacities, DAVID LEON, RAYMONDA MARQUEZ, in her official and individual capacities, KERN COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES and COUNTY OF KERN, a governmental entity |
| 24-6722 |
| November 4, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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This docket was last retrieved on December 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 4 MANDATE ISSUED Sidney R. THOMAS, Jay S. BYBEE, Daniel P. COLLINS [Entered: 12/17/2024 10:27 AM] |
Filing 3
ORDER FILED. (Sidney R. THOMAS, Jay S. BYBEE, Daniel P. COLLINS) 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 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order disposing of fewer than all claims against all parties not immediately appealable unless district court directs entry of judgment pursuant to Fed. R. Civ. P. 54(b)); see also WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); Greensprings Baptist Christian Fellowship Trust v. Cilley, 629 F.3d 1064, 1068 (9th Cir. 2010) (district court order granting motion to strike under Californias anti-SLAPP statute and granting plaintiff leave to amend the complaint is not reviewable under the collateral order doctrine); Rosenfeld v. United States, 859 F.2d 717, 721-22 (9th Cir. 1988) (interim attorneys fees award is not an appealable interlocutory order). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [Entered: 11/25/2024 08:38 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/16/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 1/15/2025. For appeal no. 24-6722, 1:24-cv-00409-JLT-CDB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 11/04/2024 04:44 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:24-cv-00409-JLT-CDB 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 24-6722 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: 11/04/2024 04:40 PM] |
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