Smith v. Fujiwara, et al.
| LARRY SMITH |
| N. FUJIWARA, Sergeant, N. ROMNEY, Correctional Officer, RALPH DIAZ, Secretary of CDCR, A. STINSON, C/O, DAVID BAUGHMAN, Warden, N. BALBASOVA, Registered Nurse, ELDRIDGE, Associate Warden, J. CLOUGH, Captain, J. NUNNERY, C/O, JONES, Captain, C. MARTINECK, Lieutenant, B. JONES, Lieutenant, KIEF, Lieutenant, SUEBERT, Lieutenant, D. SHEBURN, Sergeant, K. ROSE, R. ASH, Sergeant, STRATON, Sergeant, SAAVEDA, Sergeant, F. ANDRADE, C/O, T. STANDFIELDS, C/O, D. CALDERON, C/O, K. PORTER, C/O, M. IGNASIK, C/O, C. TERRY, C/O, M. HENDRIX-AVERILL, C/O, HUYNH, C/O, KENDAL, C/O, P. PRICE, C/O, J. ANDERSON, C/O, M. FELDER, CEO, BONEHUMER, Physician Assistant, K. MYERS, Physician Assistant, A. AKBAR, Physician Assistant, GRACE, Registered Nurse, MATT R., Registered Nurse, ROSS, Psychologist, GARNER, Psychologist, NGUYNG, Psychologist, ZELLER, Psychologist, DIETRE, Psychologist, M. KROENLEIN, Psychologist, L. APODACA, Psyc Tech, DIZON, Psyc Tech, FOSS, Psyc Tech and D. BODENHAMMER, Physician's Assistant |
| 26-3270 |
| May 20, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 4 MANDATE ISSUED Michelle T. FRIEDLAND, Ryan D. NELSON, Bridget S. BADE. The judgment of this Court, entered 5/28/2026, takes effect this date. [Entered: 06/22/2026 10:26 AM] |
Filing 3
ORDER FILED. (Michelle T. FRIEDLAND, Ryan D. NELSON, Bridget S. BADE) 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)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). This court lacks jurisdiction over this appeal because the March 18, 2026 and May 7, 2026 orders did not dispose of all claims as to all parties, and are not final or immediately appealable. See 28 U.S.C. 1291; 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); see also Wilborn v. Escalderon, 789 F.2d 1328, 1330 (9th Cir. 1986) (denial of appointment of counsel in civil case is 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: 05/28/2026 02:19 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 7/29/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 6/29/2026. For appeal no. 26-3270, 2:20-cv-01004-CKD. 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: 05/20/2026 04:25 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:20-cv-01004-CKD 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 26-3270 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: 05/20/2026 04:21 PM] |
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