Ward v. Upshaw, et al.
| MICHAEL M. WARD |
| BYRON UPSHAW, ALEXANDRIA DAHNKE, REDDING POLICE DEPARTMENT, CITY OF REDDING, WESLEY JAMES TOWNSLEY, JACOB GUTERDIG and CHASE WEBBER ARNOLD |
| 25-3074 |
| May 13, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 5 MANDATE ISSUED William A. FLETCHER, Consuelo M. CALLAHAN, Lucy H. KOH [Entered: 06/16/2025 11:49 AM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Michael M. Ward. [Entered: 05/30/2025 03:32 PM] |
Filing 3
ORDER FILED. (William A. FLETCHER, Consuelo M. CALLAHAN, Lucy H. KOH) This court lacks jurisdiction over this appeal because the magistrate judges April 4, 2025 findings and recommendations are 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). This appeal is therefore dismissed. See 9th Cir. R. 3-6(b) (if court determines it lacks jurisdiction, court may dismiss appeal without notice or further proceedings). DISMISSED. [Entered: 05/23/2025 10:18 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 6/23/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 7/22/2025. For appeal no. 25-3074, 2:24-cv-00978-TLN-AC. 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: 05/13/2025 01:37 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00978-TLN-AC 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 25-3074 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 05/13/2025 01:33 PM] |
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