Dunigan v. Wright, et al.
| KEVIN W. DUNIGAN |
| OTIS D. WRIGHT, II, DISTRICT JUDGE, MICHAEL BOXMAN, PROCTOR HUG and DAVID DE ALBA |
| 25-7006 |
| November 5, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Document Text |
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| Filing 6 CORRESPONDENCE filed by Appellant Kevin W. Dunigan. [Entered: 12/22/2025 11:51 AM] |
| Filing 5 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 11:35 AM] |
| Filing 4 OPENING BRIEF submitted for filing by Appellant Kevin W. Dunigan. [Entered: 12/12/2025 12:17 PM] |
Filing 3
ORDER FILED. SILVERMAN, TALLMAN, and BUMATAY, Circuit Judges. [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; Flam v. Flam, 788 F.3d 1043, 1046 (9th Cir. 2015) (magistrate judge may hear and determine non-dispositive matters under 28 U.S.C. 636(b)(1)(A)). This court lacks jurisdiction over this appeal because the September 19, 2025 magistrate judge 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). DISMISSED. [Entered: 11/21/2025 01:32 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/15/2025. For appeal no. 25-7006, 2:25-cv-01786-DJC-SCR. 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: 11/05/2025 01:34 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-01786-DJC-SCR 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 25-7006 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: 11/05/2025 01:28 PM] |
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