Potrykus v. City of Yakima, et al.
Plaintiff: HENRY G. POTRYKUS
Defendant: CITY OF YAKIMA, YAKIMA POLICE DEPARTMENT, YAKIMA OFFICE OF THE CITY ATTORNEY, MATTHEW MURRAY, Chief of Police (ret.), in both an official and individual capacity, SARA WATKINS, Esq., City Attorney, in both an official and individual capacity, BRONSON FAUL, Esq., Assistant City Attorney, in both an official and individual capacity, JOHN DOE, Esq., Prosecuting Attorney involved in the matter, in both an official and individual capacity, CONNIE MENDOZA, Director of Human Resources and ADA Coordination manager, City of Yakima, in both an official and individual capacity, MARGO ROGERS, City of Yakima ADA Coordinator, in her official capacity, PATRICIA BYERS, Mayor of Yakima, in her official capacity, RON DOE, City Councilman involved in the matter, in both an official and individual capacity, MATTHEW SUTTON, Captain, in both an official and individual capacity, JEREMY SOPTICH, Sergeant, in both an official and individual capacity, ANDREW SHAW, Detective, in both an official and individual capacity, ZACHARY HELMS, Officer, in both an official and individual capacity and TOM DOE, Officer, dispatched and otherwise involved in the matter, in both an official and individual capacity
Case Number: 26-3211
Filed: May 19, 2026
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Civil Rights
Docket Report

This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2026 Filing 7 MOTION to Reconsider Dispositive Order filed by Appellant Henry G. Potrykus. [Entered: 06/11/2026 03:30 PM]
June 4, 2026 Filing 6 DOCUMENT SENT. Sent Appellant a copy of the docket sheet. [Entered: 06/04/2026 10:20 AM]
June 2, 2026 Filing 5 MOTION to Stay Proceedings in this Court filed by Appellant Henry G. Potrykus. [Entered: 06/02/2026 02:20 PM]
June 2, 2026 Filing 4 MOTION for Summary Disposition filed by Appellant Henry G. Potrykus. [Entered: 06/02/2026 02:18 PM]
May 28, 2026 Opinion or Order Filing 3 ORDER FILED. (Michelle T. FRIEDLAND, Ryan D. NELSON, Bridget S. BADE) [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. This court lacks jurisdiction over this appeal because the December 8, 2025 order granted leave to amend, and the January 26, 2026 and April 15, 2026 orders are not final or immediately appealable. See 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); Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1338 (9th Cir. 1976) (district court must be of the opinion that the criteria of section 1292(b) are met; court of appeals is without authority to assume an appeal unilaterally). 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: 05/28/2026 04:52 PM]
May 19, 2026 Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 6/29/2026. For appeal no. 26-3211, 1:25-cv-03166-SAB. 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: 05/19/2026 01:34 PM]
May 19, 2026 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:25-cv-03166-SAB 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 26-3211 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: 05/19/2026 01:29 PM]

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Search for this case: Potrykus v. City of Yakima, et al.
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Plaintiff: HENRY G. POTRYKUS
Represented By: Henry G. Potrykus
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Defendant: CITY OF YAKIMA
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Defendant: YAKIMA POLICE DEPARTMENT
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Defendant: YAKIMA OFFICE OF THE CITY ATTORNEY
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Defendant: MATTHEW MURRAY, Chief of Police (ret.), in both an official and individual capacity
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Defendant: SARA WATKINS, Esq., City Attorney, in both an official and individual capacity
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Defendant: BRONSON FAUL, Esq., Assistant City Attorney, in both an official and individual capacity
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Defendant: JOHN DOE, Esq., Prosecuting Attorney involved in the matter, in both an official and individual capacity
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Defendant: CONNIE MENDOZA, Director of Human Resources and ADA Coordination manager, City of Yakima, in both an official and individual capacity
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Defendant: MARGO ROGERS, City of Yakima ADA Coordinator, in her official capacity
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Defendant: PATRICIA BYERS, Mayor of Yakima, in her official capacity
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Defendant: RON DOE, City Councilman involved in the matter, in both an official and individual capacity
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Defendant: MATTHEW SUTTON, Captain, in both an official and individual capacity
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Defendant: JEREMY SOPTICH, Sergeant, in both an official and individual capacity
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Defendant: ANDREW SHAW, Detective, in both an official and individual capacity
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Defendant: ZACHARY HELMS, Officer, in both an official and individual capacity
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Defendant: TOM DOE, Officer, dispatched and otherwise involved in the matter, in both an official and individual capacity
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