Gardner v. County of Missoula, et al.
| SPENCER GARDNER |
| COUNTY OF MISSOULA, MISSOULA COUNTY SHERIFF'S OFFICE, UNKNOWN PARTY, Unknown Medical Contractors and/or Corporation, JOHN DOE, Sheriff, JOHN DOE, Undersheriff, Captain HASH, JOHN DOE, Captain 2, JOHN DOE, Captain 3, Commander ZIEGLER, Commander KOWALSKI, TARA TACKETT, JOHN OR JANE DOE, Admin Staff, JOHN OR JANE DOE, Admin Contract Manager, JOHN OR JANE DOE, Medical Staff, JOHN OR JANE DOE, Medical Provider, KELLY ANN KLAUBER, BRIANNA CHRISTINE FREDRICK, JOHN DOE, Dental Provider and/or Dental Contractor, JOHN OR JANE DOE, Medical Admin Staff, JOHN DOE, Officer Gruber and JOHN DOE, Officer Performing Medical Movement |
| 25-6006 |
| September 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 10 MAIL RETURNED. DE 7 addressed to Appellant Spencer Gardner . Action taken: none (no forwarding address found). [Entered: 01/15/2026 05:00 PM] |
| Filing 9 RESPONSE to Mail Returned (DE 8) filed by Appellee County of Missoula, Appellee Missoula County Sheriff's Office, Appellee Hash, Appellee Ziegler, Appellee Kowalski, Appellee Tara Tackett. [Entered: 12/18/2025 10:22 AM] |
| Filing 8 MAIL RETURNED. DE 6 addressed to Appellant Spencer Gardner. Action taken: governments counsel is directed to take all reasonable means to effect delivery (see attached notice). [Entered: 12/17/2025 10:39 AM] |
| Filing 7 MANDATE ISSUED Barry G. SILVERMAN, Richard C. TALLMAN, Patrick J. BUMATAY. The judgment of this Court, entered 11/21/2025, takes effect this date. [Entered: 12/15/2025 09:48 AM] |
Filing 6
ORDER FILED. SILVERMAN, TALLMAN, and BUMATAY, 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 August 13, 2025 order did not dispose of all claims as to all parties. 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: 11/21/2025 01:29 PM]
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| Filing 5 MOTION to Dismiss filed by Appellee County of Missoula, Appellee Missoula County Sheriff's Office, Appellee Hash, Appellee Ziegler, Appellee Kowalski, Appellee Tara Tackett. [Entered: 10/30/2025 02:16 PM] |
| Filing 4 CLERK ACTION: Opening Brief submitted at DE 3 by Appellant Spencer Gardner is filed. Original and 0 copies. Minor deficiency: missing certificate of service. [Entered: 10/07/2025 03:36 PM] |
| Filing 3 OPENING BRIEF submitted for filing by Appellant Spencer Gardner. [Entered: 10/07/2025 03:35 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/3/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/2/2025. For appeal no. 25-6006, 9:23-cv-00146-DWM. 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: 09/23/2025 04:48 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 9:23-cv-00146-DWM 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 25-6006 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: 09/23/2025 04:44 PM] |
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