Ernest DeWayne Jones v. Robert K. Wong

Filing 127

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 125 filed by Ernest DeWayne Jones, CCA # 14-56302. The Order is By August 26, 2014, non-parties Emery Soos and Robert Justice shall move in this Court for voluntary dismissal of this appeal or explain in writing why the appeal should not be dismissed for lack of jurisdiction due to their lack of standing to appeal. All filings must be served on all parties to the district court proceeding. Failure to comply with this order will result in the automatic dismissal of the appeal. Order received in this district on 8/12/14. [See document for all details] (mat)

FILED
UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT
ERNEST DEWAYNE JONES,
Petitioner - Appellee,
v.

AUG 12 2014

No. 14-56302
D.C. No. 2:09-cv-02158-CJC
Central District of California,
Los Angeles

KEVIN CHAPPELL, Warden,
ORDER
Respondent - Real Party in Interest,
RECEIVED
CLERK, U.S. DISTRICT COURT

EMERY D. SOOS, Jr.; ROBERT V. JUSTICE,
8/12/2014

Appellants.

CENTRAL DISTRICT OF CALIFORNIA

DLM

BY: ___________________ DEPUTY

A review of the record indicates this Court may lack jurisdiction over this
appeal because Emery Soos and Robert Justice, non-parties to the district court
proceeding below, lack standing to appeal the district court’s July 16, 2014 order
or its July 25, 2014 judgment. See Hollingsworth v. Perry, 133 S.Ct. 2652, 2668
(2013) (ordering Proposition 8 appeal dismissed for lack of jurisdiction because
non-parties lack standing to appeal the district court’s judgment); see also In re
Leaf Tobacco Board of Trade of N.Y., 222 U.S. 578, 581 (1911) (“One who is not a
party to a record and judgment is not entitled to appeal therefrom”).

By August 26, 2014, non-parties Emery Soos and Robert Justice shall move
in this Court for voluntary dismissal of this appeal or explain in writing why the
appeal should not be dismissed for lack of jurisdiction due to their lack of standing
to appeal. All filings must be served on all parties to the district court proceeding.
Failure to comply with this order will result in the automatic dismissal of the
appeal. See 9th Cir. R. 42-1.
If the non-parties elect to show cause, the parties to the district court
proceeding may file simultaneous responses within 10 days after service of the
non-parties’ response.

FOR THE COURT:
Molly C.Dwyer,
Clerk of Court

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