Cherry v. State of Arizona, et al.
| LAQUINT HENRY LEE CHERRY |
| STATE OF ARIZONA, UNKNOWN LEWIS, Officer, UNKNOWN GODDARD, Officer, UNKNOWN TIMMONS, Lt, ARIZONA DEPARTMENT OF CORRECTIONS REHABILITATION AND REENTRY, UNITED STATES OF AMERICA, UNKNOWN MAR, Officer, UNKNOWN TROOP, Officer, UNKNOWN KAMP, Officer, UNKNOWN WILLIAMS, Officer, UNKNOWN HIMMONS, Officer, UNKNOWN NEILSON, Nurse, UNKNOWN OLMSTEAD, Nurse Practitioner, UNKNOWN NEAL, Inmate and UNKNOWN GONZALEZ, Inmate |
| 25-5178 |
| August 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 6 MANDATE ISSUED Sidney R. THOMAS, Barry G. SILVERMAN, Mark J. BENNETT. The judgment of this Court, entered 8/29/2025, takes effect this date. [Entered: 09/22/2025 09:56 AM] |
Filing 5
ORDER FILED. (Sidney R. THOMAS, Barry G. SILVERMAN, Mark J. BENNETT) [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 lacks jurisdiction over this appeal because the July 31, 2025 order granted leave to amend. 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: 08/29/2025 02:19 PM]
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| Filing 4 MOTION to Expedite filed by Appellant Laquint Henry Lee Cherry. [Entered: 08/29/2025 09:28 AM] |
| Filing 3 MOTION for Appointment of Counsel filed by Appellant Laquint Henry Lee Cherry. [Entered: 08/20/2025 01:42 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 9/24/2025. For appeal no. 25-5178, 2:25-cv-00479-DWL--JFM. 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: 08/15/2025 02:10 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-00479-DWL--JFM 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 25-5178 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: 08/15/2025 02:05 PM] |
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