McClain v. Henley, et al.
| JAMES MCCLAIN |
| HENLEY, SANDRA WALKER and JAMES WOOD |
| 26-1239 |
| March 3, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on April 10, 2026. A more recent docket listing may be available from PACER.
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| Filing 7 MANDATE ISSUED John B. OWENS, Eric D. MILLER, Patrick J. BUMATAY. The judgment of this Court, entered 3/19/2026, takes effect this date. [Entered: 04/10/2026 11:37 AM] |
Filing 6
ORDER FILED. (John B. OWENS, Eric D. MILLER, Patrick J. BUMATAY) This court lacks jurisdiction over this appeal because the February 23, 2026 magistrate judge order is not final or immediately appealable. See 28 U.S.C. 1291; Wilborn v. Escalderon, 789 F.2d 1328, 1330 (9th Cir. 1986) (denial of appointment of counsel in civil case is not appealable); see also Flam v. Flam, 788 F.3d 1043, 1046 (9th Cir. 2015) (magistrate judge may hear and determine nondispositive matters under 28 U.S.C. 636(b)(1)(A)). 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: 03/19/2026 04:16 PM]
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| Filing 5 CLERK ACTION: Opening Brief submitted at DE 4 by Appellant James McClain is filed. (Motion for IFP pending, briefing remains stayed) [Entered: 03/12/2026 02:51 PM] |
| Filing 4 OPENING BRIEF submitted for filing by Appellant James McClain. [Entered: 03/12/2026 02:49 PM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant James McClain. [Originally filed in the District Court.] [Entered: 03/12/2026 02:48 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Order Due (Appellant) 3/11/2026, Appeal Transcript Due (Appellant) 4/10/2026, Appeal Opening Brief Due (Appellant) 5/20/2026, Appeal Answering Brief Due (Appellee) 6/22/2026. For appeal no. 26-1239, 3:24-cv-00458-ART-CSD. 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: 03/03/2026 02:14 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-00458-ART-CSD 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 26-1239 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: 03/03/2026 02:08 PM] |
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