Tillman v Board of Parole Hearings

Filing 15

USCA ORDER: 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 Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judge& #039;s findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court). Appellant has not filed a notice of appeal from the district courts final judgment entered on January 9, 2012. Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. (Matson, R)

Case: 11-18032

01/11/2012

ID: 8027340

DktEntry: 3

Page: 1 of 1

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ANTHONY BRYANT TILLMAN,
Plaintiff - Appellant,
v.

JAN 11 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 11-18032
D.C. No. 2:11-cv-01011-MCE
Eastern District of California,
Sacramento

BOARD OF PAROLE HEARINGS,
ORDER
Defendant - Appellee.

Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
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 Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judge’s
findings and recommendations not appealable; premature appeal not cured by
subsequent entry of final judgment by district court). Appellant has not filed a
notice of appeal from the district court’s final judgment entered on January 9,
2012. Consequently, this appeal is dismissed for lack of jurisdiction.
DISMISSED.

MF/Pro Se