Henderson v. Thomas, et al.
| JOHNDELL HENDERSON |
| MICHAEL THOMAS, Captain, HERMAN CLAVIJO, Lieutenant, TAMMIE FROST, former Community Resource Manager, PEDRO SOTO, Sergeant, TINA LOPEZ, LENARD M. PENNISI, JR., Captain, TENNILLE ATCHLEY, SANDEEP BANGAR, Lieutenant, MARIO BARROSO, Sergeant, CHRISTIAN COLE, HECTOR LOMELI, Sergeant, ELISA MACAY, ROBERT POODRY, CHRISTY TANGE, Lieutenant, ALMA TAMAYO, Community Resource Manager, CHRISTY AVINA, MATTHEW ATCHLEY, Warden, TAMMY FOSS, Warden, TENNILLE FROST, Community Resource Manager, CAROLYN HERNANDEZ, Community Resource Manager, FERNANDO COVARRUBIAS, Sergeant, DARRIN BRIGHT, Chief Physician Surgeon, KIM KUMAR, Chief Medical Officer and JAMAL RODGERS |
| 26-2174 |
| April 9, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 5, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 MOTION to Reconsider Dispositive Order filed by Appellant Johndell Henderson. [Entered: 05/05/2026 11:30 AM] |
| Filing 7 SUPPLEMENT to Motion for Appointment of Counsel (DE 5) filed by Appellant Johndell Henderson. [Entered: 04/28/2026 11:05 AM] |
| Filing 6 MOTION to Proceed In Forma Pauperis filed by Appellant Johndell Henderson. [Entered: 04/28/2026 11:03 AM] |
| Filing 5 MOTION for Appointment of Counsel filed by Appellant Johndell Henderson. [Case dismissed] [Entered: 04/27/2026 02:51 PM] |
Filing 4
ORDER FILED. (Barry G. SILVERMAN, Mark J. BENNETT, Gabriel P. SANCHEZ) 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)); Fed. R. Civ. P. 54(b). This court lacks jurisdiction over this appeal because the orders challenged in the September 12, 2025 and April 6, 2026 notices of appeal did not dispose of all claims as to all parties and are not final or immediately appealable. See 28 U.S.C. 1291; see also 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 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: 04/24/2026 11:54 AM]
|
| Filing 3 Amended Notice of Appeal Received. [Entered: 04/21/2026 11:44 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 6/18/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 5/19/2026. For appeal no. 26-2174, 5:22-cv-02166-NW. 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: 04/09/2026 01:24 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:22-cv-02166-NW 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 26-2174 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: 04/09/2026 01:14 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
