Pendley v. Bennett
| TRAVIS CD PENDLEY |
| JASON BENNETT |
| 25-4359 |
| July 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on October 21, 2025. A more recent docket listing may be available from PACER.
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| Filing 9 MANDATE ISSUED Ryan D. NELSON, Jennifer SUNG, Holly A. THOMAS. The judgment of this Court, entered 9/29/2025, takes effect this date. [Entered: 10/21/2025 09:41 AM] |
Filing 8
ORDER FILED. (Ryan D. NELSON, Jennifer SUNG, Holly A. THOMAS) This court lacks jurisdiction over this appeal because the June 13, 2025 order and the magistrate judges July 14, 2025 report and recommendation are not final or appealable. See 28 U.S.C. 1291; 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). The clerk will send Docket Entry No. 7 to the district court for filing as a notice of appeal from the final judgment entered on August 1, 2025. DISMISSED. [Entered: 09/29/2025 11:43 AM]
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| Filing 7 MOTION for Miscellaneous Relief filed by Appellant Travis CD Pendley. [Entered: 09/03/2025 01:33 PM] |
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Filing 6
ORDER FILED. The notice of appeal challenges the magistrate judges report and recommendations. This court may therefore lack jurisdiction over this appeal. 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). To date, appellant has not filed a new notice of appeal from the district courts final judgment entered on August 1, 2025. 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, appellee may file a response within 10 days. Briefing is stayed. [Entered: 08/19/2025 02:01 PM]
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| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Travis CD Pendley. [Entered: 08/08/2025 03:30 PM] |
| Filing 4 Amended Notice of Appeal Received. [Entered: 07/28/2025 09:32 AM] |
| Filing 3 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Jason Bennett. [Entered: 07/24/2025 03:00 PM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 06/13/2025. [Entered: 07/15/2025 02:21 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-01141-DGE-GJL 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 25-4359 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: 07/15/2025 02:18 PM] |
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| Petitioner: TRAVIS CD PENDLEY | |
| Represented By: | Travis CD Pendley |
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| Respondent: JASON BENNETT | |
| Represented By: | Mr. Gregory Kennedy Ziser |
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