Tillman v Board of Parole Hearings

Filing 16

USCA ORDER as to 10 Notice of Interlocuatory Appeal: The judgment of this Court, entered 1/11/2012, takes effect this date. (Michel, G)

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED FEB 13 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS ANTHONY BRYANT TILLMAN, Plaintiff - Appellant, v. BOARD OF PAROLE HEARINGS, No. 11-18032 D.C. No. 2:11-cv-01011-MCE-DAD U.S. District Court for Eastern California, Sacramento MANDATE Defendant - Appellee. The judgment of this Court, entered January 11, 2012, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. FOR THE COURT: Molly C. Dwyer Clerk of Court Synitha Walker Deputy Clerk 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

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