Lui v. United States of America, et al.
| JULIANA LUI |
| UNITED STATES OF AMERICA, DEMOCRATIC NATIONAL COMMITTEE, COUNTY OF SAN MATEO, CITY OF SAN BRUNO, CITY OF SOUTH SAN FRANCISCO, CITY AND COUNTY OF SAN FRANCISCO, CITY OF SOUTH SAN FRANCISCO POLICE DEPARTMENT, CITY OF SAN BRUNO POLICE DEPARTMENT, SAN MATEO COUNTY SHERIFF'S OFFICE, SAN FRANCISCO POLICE DEPARTMENT, LA QUINTA INN & SUITES, TRAVELODGE, GROSVENOR HOTEL, HOTEL SKYE, HOTEL ALUXOR, HOTEL 32ONE, NOB HILL MOTOR INN, BEST BUY CO., INC., AMERICAN AIRLINES, INC., PHILIPPINE AIRLINES, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, CENTRAL INTELLIGENCE AGENCY, FEDERAL BUREAU OF INVESTIGATION and TRANSPORTATION SECURITY ADMINISTRATION |
| 26-1295 |
| March 5, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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Filing 3
ORDER FILED. OWENS, MILLER, 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). This court lacks jurisdiction over this appeal because the district court granted leave to amend, and the orders challenged in the notice of appeal are not final or immediately appealable. See 28 U.S.C. 1291; United States v. Washington, 573 F.2d 1121, 1122 (9th Cir. 1978) (order denying motion to disqualify judge is not final or appealable); 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 non-dispositive 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). DISMISSED. [Entered: 03/19/2026 09:13 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/14/2026. For appeal no. 26-1295, 3:25-cv-09200-SK. 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: 03/05/2026 10:16 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-09200-SK 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 26-1295 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: 03/05/2026 10:12 AM] |
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