United States of America v. Arizona, State of, et al

Filing 127

MANDATE of USCA - The jgm of this Court, entered 8/26/10, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. This appeal is DISMISSED for lack of jurisdiction re 10-16731 as to 100 Notice of Interlocutory Appeal filed by Mariette Do-Nguyen. (Attachments: # 1 Order, # 2 nda)(SAT)

United States of America v. Arizona, State of, et al

Doc. 127 Att. 1

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
AUG 26 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

U N IT E D STATES OF AMERICA, Plaintiff - Appellee, v. S T A T E OF ARIZONA; et al.,

N o . 10-16731 D .C . No. 2:10-cv-01413-SRB D istrict of Arizona, Phoenix

ORDER Defendants, and M A R IE T T E DO-NGUYEN, Movant - Appellant.

B efo re: LEAVY, HAWKINS and THOMAS, Circuit Judges. A review of the record demonstrates that this court lacks jurisdiction over th is appeal because appellant's motion for leave to intervene remains pending b efo re the district court. Appellant is not a party to the action and therefore lacks stan d in g to challenge the district court's July 28, 2010 order. See Hoover v. Switlik P a ra ch u te Co., 663 F.2d 964, 966 (9th Cir. 1981) (court lacks jurisdiction over ap p eal because appellant lacks standing to challenge order that pertains only to the co -d efen d an t). Consequently, this appeal is dismissed for lack of jurisdiction.
MF/Pro Se

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A ll pending motions are denied as moot.

MF/Pro Se

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