Walls-Bey v. Perlow, et al.
| JOHNNY RAY WALLS-BEY, individually and as parent and next friend of minor children next friend of A.W. next friend of E.A. next friend of Z.W. |
| STEPHANIE PERLOW, In her Individual and Official Capacities as a Judge of the Christian Circuit Court of Kentucky, JASON SHEA FLEMING, Honorable, in official capacity as former Judge of Christian Circuit Court of Kentucky, JAMES E. BRUCE, JR., in capacity as counsel for Alexis Jordan Austin, ALEXIS JORDAN AUSTIN and SUSAN WESLEY MCCLURE, In her Individual and Official Capacities as a Judge of the Christian Circuit Court of Kentucky |
| 26-394 |
| January 20, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 4 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 09:15 AM] |
Filing 3
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)). [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 January 9, 2026 order granted leave to amend some claims. 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 02:55 PM]
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| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Opening Brief Due (Appellant) 2/17/2026. For appeal no. 26-394, 2:25-cv-04315-MTL.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: 01/20/2026 03:29 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-04315-MTL 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 26-394 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: 01/20/2026 03:23 PM] |
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| Plaintiff: JOHNNY RAY WALLS-BEY, individually and as parent and next friend of minor children next friend of A.W. next friend of E.A. next friend of Z.W. | |
| Represented By: | Johnny Ray Walls-Bey |
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| Defendant: STEPHANIE PERLOW, In her Individual and Official Capacities as a Judge of the Christian Circuit Court of Kentucky | |
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| Defendant: JASON SHEA FLEMING, Honorable, in official capacity as former Judge of Christian Circuit Court of Kentucky | |
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| Defendant: JAMES E. BRUCE, JR., in capacity as counsel for Alexis Jordan Austin | |
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| Defendant: ALEXIS JORDAN AUSTIN | |
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| Defendant: SUSAN WESLEY MCCLURE, In her Individual and Official Capacities as a Judge of the Christian Circuit Court of Kentucky | |
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