Carby v. Guerro, et al.
| NICOLE CARBY |
| Mr. GUERRO, brother to Kennewick Chief of Police, Supervisor Benton County jail @ the time of Civil Rights, RUDY RUELAS, Current Benton County jail supervisor and CITY OF KENNEWICK |
| 26-333 |
| January 15, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on February 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 5 MANDATE ISSUED Barry G. SILVERMAN, Richard A. PAEZ, Holly A. THOMAS. The judgment of this Court, entered 1/27/2026, takes effect this date. [Entered: 02/18/2026 08:56 AM] |
Filing 4
ORDER FILED. (Barry G. SILVERMAN, Richard A. PAEZ, Holly A. THOMAS) 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 December 16, 2025 order did not dispose of all claims as to all parties. Although the district court entered a judgment as to the City of Kennewick, the district court did not state that there is no just reason for delay and that the judgment is immediately appealable under Federal Rule of Civil Procedure 54(b). See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)). 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: 01/27/2026 11:21 AM]
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| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Nicole Carby. [Entered: 01/27/2026 09:37 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 3/26/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 2/24/2026. For appeal no. 26-333, 4:25-cv-05106-TOR. 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: 01/15/2026 04:36 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:25-cv-05106-TOR 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 26-333 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: 01/15/2026 04:35 PM] |
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