Mandujano v. Lester, et al.
| YANAH MANDUJANO |
| KATHERINE LESTER, Sacramento Police Department, DARREN PYTEL, Davis Police Department, ROB BONTA, California Attorney General, STACEY HORIGAN, Former Trustee of the Hagie Family Trust and CITY OF DAVIS |
| 25-3185 |
| May 19, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 MANDATE ISSUED Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE [Entered: 08/15/2025 10:27 AM] |
Filing 10
ORDER FILED. (Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE) A review of the record and the parties responses to this courts May 28, 2025 order to show cause reflects that this court lacks jurisdiction over this appeal because the March 25, 2025 magistrate judge order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; 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); see also Flam v. Flam, 788 F.3d 1043, 1046 (9th Cir. 2015) (magistrate judge may hear and determine non-dispositive matters under 28 U.S.C. 636(b)(1)(A)). 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: 07/24/2025 04:11 PM]
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| Filing 9 ADDED Counsel for Appellee Jeffrey M. Phillips [Entered: 07/18/2025 02:11 PM] |
| Filing 8 NOTICE OF APPEARANCE by Jeffrey M. Phillips for Appellee Rob Bonta. [Entered: 07/18/2025 08:18 AM] |
| Filing 7 CLERK ACTION: Opening Brief submitted at DE 6 by Appellant Yanah Mandujano is filed. Original and 0 copies. (Briefing remains stayed) [Entered: 07/02/2025 12:25 PM] |
| Filing 6 OPENING BRIEF submitted for filing by Appellant Yanah Mandujano. [Entered: 07/02/2025 12:24 PM] |
| Filing 5 REPLY to Response to Court Order (DE 4) filed by Appellee Katherine Lester. [Entered: 06/20/2025 02:51 PM] |
| Filing 4 RESPONSE to Order - General OSC (DE 3) filed by Appellant Yanah Mandujano. [Entered: 06/10/2025 04:33 PM] |
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Filing 3
ORDER FILED. [A] plaintiff, who has been given leave to amend, may not file a notice of appeal simply because he does not choose to file an amended complaint. A further district court determination must be obtained. WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997); see also 28 U.S.C. 1291. This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 05/28/2025 09:14 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 6/30/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 7/28/2025. For appeal no. 25-3185, 2:23-cv-02385-DJC-CKD. 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: 05/19/2025 12:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-02385-DJC-CKD 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 25-3185 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: 05/19/2025 11:55 AM] |
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