Smith v. Newsom, et al.
| NATHANAEL LEE SMITH |
| GAVIN NEWSOM, KEVIN SEIBERT, HALLIE CAMPBELL, DAVID BEYERSDORF, PHILIP PIMENTEL, ANAIAH KIRK, RYAN CAMPBELL, MARTIN HUBERTY, TERRY WOODROW, FRANK AXE, GARY TOFANELLI, JEFF BROWN, VERONICA ROBERTS, CASSANDRA JENECKE, NATE NUTTING, CLINT PARISH, OSCAR MARTINEZ, DIEGO MARTINEZ, NATALIA MONACO, STACY SPRING, SHARON SANDERS, CALIFORNIA HIGHWAY PATROL, JULEY SALKELD, CENTRAL SIERRA CHILD SUPPORT AGENCY and OLIVIA PHILLIPS |
| 25-3272 |
| May 22, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 14, 2025. A more recent docket listing may be available from PACER.
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| Filing 12 MANDATE ISSUED Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE [Entered: 08/14/2025 09:47 AM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Nathanael Lee Smith. [Entered: 08/01/2025 01:42 PM] |
Filing 10
ORDER FILED. (Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE) . This court lacks jurisdiction over this appeal because the magistrate judge orders and findings and recommendations challenged in the appeal are 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); 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); United States v. Washington, 573 F.2d 1121, 1122 (9th Cir. 1978) (order denying motion to disqualify judge is not final or 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). All pending motions are denied as moot. DISMISSED. [Entered: 07/23/2025 10:04 AM]
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| Filing 9 DOCUMENT SENT. Sent Appellant a copy of Forms 13 and 29 in response to the request filed on 06/30/2025. [Entered: 07/02/2025 08:49 AM] |
| Filing 8 MOTION to Extend Time to Respond to Court Order filed by Appellant Nathanael Lee Smith. [Entered: 07/01/2025 03:53 PM] |
| Filing 7 REQUEST for Public Information filed by Appellant Nathanael Lee Smith. [Entered: 07/01/2025 03:48 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Nathanael Lee Smith. [Entered: 06/24/2025 02:08 PM] |
| Filing 5 DOCUMENT SENT. Sent Appellant a copy of the docket sheet, the FRAP and Ninth Circuit rules and forms 14, 29 and 34 in response to the Form 29 request filed on 06/05/2025. [Entered: 06/05/2025 03:05 PM] |
| Filing 4 REQUEST for Public Information filed by Appellant Nathanael Lee Smith. [Entered: 06/05/2025 01:43 PM] |
| Filing 3 MOTION to Extend Time to File Motion filed by Appellant Nathanael Lee Smith. [Court edit to attach correct PDF] [Entered: 06/05/2025 01:42 PM] [Edited: 06/05/2025 01:46 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 7/1/2025. For appeal no. 25-3272, 1:24-cv-00592-KES-BAM. 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: 05/22/2025 12:16 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:24-cv-00592-KES-BAM 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 25-3272 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: 05/22/2025 12:14 PM] |
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