Anderson v. Peppley, et al.
| DEVON JOSEPH ANDERSON |
| CHRISTINE MARIE PEPPLEY, ELIZABETH BRAVENDER and ANGELA LEE PROULX |
| 26-4758 |
| July 24, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 6 MANDATE ISSUED Sidney R. THOMAS, Marsha S. BERZON, Danielle J. FORREST. The judgment of this Court, entered 8/25/2026, takes effect this date. [Entered: 09/16/2026 09:59 AM] |
Filing 5
ORDER FILED. (Sidney R. THOMAS, Marsha S. BERZON, Danielle J. FORREST) [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 July 9, 2026 order granted leave to amend, and is 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 Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). 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: 08/25/2026 12:50 PM]
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| Filing 4 MOTION for Miscellaneous Relief filed by Appellant Devon Joseph Anderson. [Entered: 08/12/2026 11:46 AM] |
| Filing 3 Amended Notice of Appeal Received. [Entered: 08/06/2026 09:25 AM] [Edited: 08/06/2026 09:27 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Opening Brief Due (Appellant) 8/21/2026. For appeal no. 26-4758, 1:26-cv-00154-DCN.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: 07/24/2026 04:26 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:26-cv-00154-DCN 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 26-4758 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: 07/24/2026 04:24 PM] |
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