Rodriguez v. Zaldivar-Galvez
Plaintiff: RAUL RODRIGUEZ
Defendant: IDALBERTO ZALDIVAR-GALVEZ, Primary Care Dr.
Case Number: 26-1333
Filed: March 6, 2026
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Prisoner-Civil Rights
Docket Report

This docket was last retrieved on April 21, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2026 Filing 5 MOTION to Recall Mandate filed by Appellant Raul Rodriguez. [Entered: 04/21/2026 04:04 PM]
April 10, 2026 Filing 4 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 09:36 AM]
March 19, 2026 Opinion or Order Filing 3 ORDER FILED. (John B. OWENS, Eric D. MILLER, Patrick J. BUMATAY) This court lacks jurisdiction over this appeal because the February 3, 2026 and February 11, 2026 magistrate judge orders are not final or immediately appealable. See 28 U.S.C. 1291; Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judges findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court); 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 03:26 PM]
March 6, 2026 Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/15/2026. For appeal no. 26-1333, 1:23-cv-00192-KES-FRS. 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: 03/06/2026 10:13 AM]
March 6, 2026 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00192-KES-FRS 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 26-1333 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: 03/06/2026 10:09 AM]

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Plaintiff: RAUL RODRIGUEZ
Represented By: Raul Rodriguez
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Defendant: IDALBERTO ZALDIVAR-GALVEZ, Primary Care Dr.
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