Pasene v. Coons, et al.
| IOSEFA MEAFUA PASENE |
| THEODORE COONS, Honolulu Police Detective, DANIEL SELLERS, Honolulu Police Officer, CITY AND COUNTY OF HONOLULU, BOISSE CORREA, Honolulu Police Chief, GREGORY MCCORMICK, Honolulu Police Detective and ALBERT LE, Honolulu Police Officer |
| 25-4396 |
| July 16, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 9 MANDATE ISSUED Ryan D. NELSON, Jennifer SUNG, Holly A. THOMAS. The judgment of this Court, entered 9/26/2025, takes effect this date. [Entered: 10/20/2025 10:22 AM] |
| Filing 8 MOTION for Appointment of Counsel filed by Appellant Iosefa Meafua Pasene. [Entered: 10/07/2025 03:07 PM] |
Filing 7
ORDER FILED. R. NELSON, SUNG, and H.A. THOMAS, Circuit Judges. A district courts dismissal order is not final or immediately appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). This court lacks jurisdiction over this appeal because the June 16, 2025 and July 11, 2025 orders did not dispose of all claims as to all parties. Although the district court entered a judgment as to Theodore Coons and Daniel Sellers, the district court did not state that there is no just reason for delay and that the judgment is immediately appealable under Federal Rule of Civil Procedure 54(b). See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)); Branson v. City of Los Angeles, 912 F.2d 334, 336 (9th Cir. 1990) (denial of reconsideration of non-appealable order is itself not appealable). 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: 09/26/2025 09:47 AM]
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| Filing 6 CLERK ACTION: Opening Brief submitted at DE 5 by Appellant Iosefa Meafua Pasene is filed. Original and 0 copies. (briefing remains stayed, motion for counsel pending) [Entered: 08/25/2025 04:14 PM] |
| Filing 5 OPENING BRIEF submitted for filing by Appellant Iosefa Meafua Pasene. [Entered: 08/25/2025 04:12 PM] |
| Filing 4 MOTION for Miscellaneous Relief filed by Appellant Iosefa Pasene. [Entered: 07/23/2025 04:09 PM] |
| Filing 3 MOTION for Appointment of Counsel filed by Appellant Iosefa Pasene. [Entered: 07/23/2025 04:08 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 8/26/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 9/26/2025. For appeal no. 25-4396, 1:21-cv-00427-DKW-WRP. 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: 07/16/2025 02:47 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:21-cv-00427-DKW-WRP 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 25-4396 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: 07/16/2025 02:45 PM] |
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