20-15022
01/07/2020
Pending - Other Pending
Civil Right - Other Civil Right
U.S. Court Of Appeals, Ninth Circuit
ROBERT W. JOHNSON
Bronx, NY 10469
PERFORMANT RECOVERY, INC.
STATE OF NEW YORK, Department of Taxation & Finance
ADAM QUINTAL
NEW YORK STATE, ASSESSMENT RECEIVABLES
Robert W. Johnson
3345 Fish Avenue
Bronx, NY 10469
June Dittus Coleman
Attorney at Messer Strickler, Ltd.
225 West Washington Street, Suite 575
Chicago, IL 60606
(#7) MANDATE ISSUED. (RAP, MDS and NRS) [11599566] (RR) [Entered: 02/18/2020 10:42 AM]
(#6) Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); Bird v. Reese, 875 F.2d 256 (9th Cir. 1989) (order) (order denying a motion for default judgment is not a final appealable order). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11573774] (JPD) [Entered: 01/24/2020 01:47 PM]
(#4) Filed Appellant Robert W. Johnson letter dated re: request copy of Circuit Rules, Docket sheet, and all filed documents. Paper filing deficiency: None. [11572350] (JFF) [Entered: 01/23/2020 03:33 PM]
(#3) Received original and 0 copies of Appellant Robert W. Johnson opening brief (Informal: Yes) 6 pages. Served on 01/17/2020. Major deficiencies: motion pending. [11571399] (KT) [Entered: 01/23/2020 09:41 AM]
(#2) Filed Appellant Robert W. Johnson motion to proceed In Forma Pauperis, for summary judgment . Deficiencies: None. Served on 01/17/2020. [11569035] (JFF) [Entered: 01/21/2020 04:14 PM]
Case Opening Packet
Notice to All Parties and Counsel
Docketing Letter and Briefing Schedule
Docket(#7) MANDATE ISSUED. (RAP, MDS and NRS) [11599566] (RR) [Entered: 02/18/2020 10:42 AM]
[-] Read LessDocket(#6) Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); Bird v. Reese, 875 F.2d 256 (9th Cir. 1989) (order) (order denying a motion for default judgment is not a final appealable order). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11573774] (JPD) [Entered: 01/24/2020 01:47 PM]
[-] Read LessDocket(#5) Sent Appellant a copy of the FRAP and Ninth Circuit rules, a copy of the docket sheet and a copy of his Ninth Circuit filings in this appeal in response to his letter of request filed on 01/21/2020. [11572784] (JR) [Entered: 01/24/2020 08:31 AM]
[-] Read LessDocket(#4) Filed Appellant Robert W. Johnson letter dated re: request copy of Circuit Rules, Docket sheet, and all filed documents. Paper filing deficiency: None. [11572350] (JFF) [Entered: 01/23/2020 03:33 PM]
[-] Read LessDocket(#3) Received original and 0 copies of Appellant Robert W. Johnson opening brief (Informal: Yes) 6 pages. Served on 01/17/2020. Major deficiencies: motion pending. [11571399] (KT) [Entered: 01/23/2020 09:41 AM]
[-] Read LessDocket(#2) Filed Appellant Robert W. Johnson motion to proceed In Forma Pauperis, for summary judgment . Deficiencies: None. Served on 01/17/2020. [11569035] (JFF) [Entered: 01/21/2020 04:14 PM]
[-] Read LessDocket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert W. Johnson opening brief due 03/10/2020. Appellees New York State, Assessment Receivables, Performant Recovery, Inc., Adam Quintal and State of New York answering brief due 04/10/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11553746] (RT) [Entered: 01/07/2020 02:32 PM]
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