Legal Opinion
Plata v. Davis
Court of Appeals for the Ninth Circuit
Decided May 27, 2003No. 02-16161PublishedCited by 7 opinions
1Opinion of the Court
WAKDLAW, Circuit Judge.
This is an appeal from an interlocutory order denying defendants’ motion to exclude certain members from the plaintiff class. A stipulated judgment was entered thereafter, from which defendants did not appeal. Because the order appealed from is not a final order under 28 U.S.C. § 1291, lacked the practical effect of granting or denying injunctive relief, and defendants took no other steps to preserve a right of appeal as to it, we dismiss the appeal for lack of jurisdiction.
I. Background
A. Shumate litigation
On April 4, 1995, present and future inmates confined at the…
2Cases cited6 opinions
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
- Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
- Maurice S. Thompson v. Jiro J. Enomoto, Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1987
- Paige v. CaliforniaCourt of Appeals for the Ninth Circuit · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hunt v. Imperial Merchant Services, Inc.Court of Appeals for the Ninth Circuit · 2009
- Negrete v. Allianz Life Insurance Co. of North AmericaCourt of Appeals for the Ninth Circuit · 2008
- Alsea Valley Alliance Mark Sehl v. Department of Commerce, Being Sued as William M. Daley National Marine Fisheries Service Penelope D. Dalton, Director Nmfs William Stelle, Jr., Oregon Natural Resources Council Pacific Rivers Council Pacific Coast Federation of Fishermen's Association, Inc. Institute for Fisheries Resources Audubon Society of Portland Coast Range Association Siskiyou Regional Education Project Sierra Club, Defendants-Intervenors-Appellants. Alsea Valley Alliance Mark Sehl v. Department of Commerce, Being Sued as William M. Daley National Marine Fisheries Service William T. Hogarth, Director Nmfs D. Robert Lohn, Oregon Natural Resources Council Pacific Rivers Council Pacific Coast Federation of Fishermen's Association, Inc. Institute for Fisheries Resources Audubon Society of Portland Coast Range Association Siskiyou Regional Education Project, Defendants-Intervenors-Appellees, and Sierra Club, Defendant-IntervenorCourt of Appeals for the Ninth Circuit · 2004
- Jeff D. v. KempthorneCourt of Appeals for the Ninth Circuit · 2004
- Plata v. DavisCourt of Appeals for the Ninth Circuit · 2003
2 more not listed; retrieve them via the Exa API.