Mandingozuluel v. Acker, et al.
| ALISHAKA I. MANDINGOZULUEL |
| TANYA ACKER, Attorney, individual and official capacity, PATRICIA D., Attorney, individual and official capacity, ADAM LEVEY, Attorney, individual and official capacity, MICHELLE STARKEY, individual capacity, T. FLYNN PRISTER, Attorney, Supervisory Judge, individual and official capacity and PICROW, INC. |
| 26-4576 |
| July 17, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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Filing 8
ORDER FILED. (Sidney R. THOMAS, Marsha S. BERZON, Danielle J. FORREST) This court lacks jurisdiction over this appeal because the magistrate judges March 13, 2026 order granted leave to amend, and the March 13, 2026 and June 18, 2026 orders challenged in the notice of appeal are not final or immediately appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 113637 (9th Cir. 1997) (en banc) (holding that when a district court expressly grants leave to amend, it is plain that the [dismissal] order is not final); Wilborn v. Escalderon, 789 F.2d 1328, 1330 (9th Cir. 1986) (denial of appointment of counsel in civil case is not appealable); United States v. Washington, 573 F.2d 1121, 1122 (9th Cir. 1978) (order denying motion to disqualify judge is not final or appealable); see also Flam v. Flam, 788 F.3d 1043, 1046 (9th Cir. 2015) (magistrate judge may hear and determine non-dispositive matters under 28 U.S.C. 636(b)(1)(A)). 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). All pending motions are denied as moot. DISMISSED. [Entered: 08/24/2026 04:34 PM]
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| Filing 7 MOTION for Appointment of Counsel filed by Appellant Alishaka I. Mandingozuluel. [Entered: 08/18/2026 03:31 PM] |
| Filing 6 MOTION for Appointment of Counsel filed by Appellant Alishaka I. Mandingozuluel. [Entered: 08/05/2026 03:39 PM] |
| Filing 5 MOTION to Proceed In Forma Pauperis filed by Appellant Alishaka I. Mandingozuluel. [Entered: 08/05/2026 03:38 PM] |
| Filing 4 CLERK ACTION: Opening Brief submitted at DE 3 by Appellant Alishaka I. Mandingozuluel is filed. Original and 0 copies. [Entered: 08/05/2026 11:37 AM] |
| Filing 3 OPENING BRIEF submitted for filing by Appellant Alishaka I. Mandingozuluel. [Entered: 08/05/2026 11:36 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 8/26/2026. For appeal no. 26-4576, 2:26-cv-01181-MEMF-SSC. 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: 07/17/2026 03:49 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:26-cv-01181-MEMF-SSC 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 26-4576 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: 07/17/2026 03:46 PM] |
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