Hill v. California Correctional Health Care Services, et al.
| BRIAN T. HILL |
| CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, DEPARTMENT OF REHABILITIVE PROGRAMS, AMITY FOUNDATION, MARY BECKETT, I. FLETES, AMY CASIAS, A. BURKS, BRUNO, STEVE S. CUTI, DIRECTOR OF PROGRAMS, ISUDT, ASSOCIATE DIRECTOR OF PROGRAMS, ISUDT, M. RAMIREZ, VIC LEWIS, NOW GINA JONES, HOWARD E. MOSELEY, JEFFREY MACOMBER, JOHN AND JANE DOES, 1 & 2, EDWARD BORLA and RON BROOMFIELD |
| 25-6063 |
| September 26, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 7 MANDATE ISSUED Barry G. SILVERMAN, Richard C. TALLMAN, Patrick J. BUMATAY. The judgment of this Court, entered 11/24/2025, takes effect this date. [Entered: 12/16/2025 08:16 AM] |
Filing 6
ORDER FILED. (Barry G. SILVERMAN, Richard C. TALLMAN, Patrick J. BUMATAY). 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)). [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; 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 court lacks jurisdiction over this appeal of the July 25, 2025 and August 19, 2025 orders because the district court granted leave to amend some claims and has denied appellants motion to enter partial judgment pursuant to Federal Rule of Civil Procedure 54(b). 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: 11/24/2025 10:31 AM]
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| Filing 5 MOTION to Proceed In Forma Pauperis filed by Appellant Brian T. Hill. [Entered: 10/28/2025 02:15 PM] |
| Filing 4 CLERK ACTION: Opening Brief submitted at DE 3 by Appellant Brian T. Hill is filed. Original and 0 copies. [Entered: 10/22/2025 11:35 AM] |
| Filing 3 OPENING BRIEF submitted for filing by Appellant Brian T. Hill. [Entered: 10/22/2025 11:35 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/5/2025. For appeal no. 25-6063, 3:25-cv-04087-CRB. 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: 09/26/2025 09:19 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-04087-CRB 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 25-6063 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: 09/26/2025 09:17 AM] |
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