09/28/2016 1358 Order of Dismissal of Appeal by USCA-9th Circuit as to Shawna Cox regarding Notice of Appeal - Interlocutory 1088 USCA # 16-30193. The motion of appellant's standby counsel in the district court, Tiffany A. Harris, to withdraw as counsel of record in this appeal is granted. The Clerk shall enter on the docket appellant, 1031 South Monument Road, Kanab, Utah 84741, as appearing pro se. We conclude that we lack jurisdiction over this appeal because the district court's August 15, 2016 order is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. § 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (stating that finality requirement generally "prohibits appellate review until after conviction and imposition of sentence"). All other pending motions are denied as moot. DISMISSED. (jtj) (Entered: 09/28/2016)
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09-28-2016 ECF 1358 USA v SHAWNA COX - 9th Cir - Order of Dismissal of Appeal by USCA-9th Circuit as to Shawna Cox
09/28/2016 1358 Order of Dismissal of Appeal by USCA-9th Circuit as to Shawna Cox regarding Notice of Appeal - Interlocutory 1088 USCA # 16-30193. The motion of appellant's standby counsel in the district court, Tiffany A. Harris, to withdraw as counsel of record in this appeal is granted. The Clerk shall enter on the docket appellant, 1031 South Monument Road, Kanab, Utah 84741, as appearing pro se. We conclude that we lack jurisdiction over this appeal because the district court's August 15, 2016 order is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. § 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (stating that finality requirement generally "prohibits appellate review until after conviction and imposition of sentence"). All other pending motions are denied as moot. DISMISSED. (jtj) (Entered: 09/28/2016)
09/28/2016 1358 Order of Dismissal of Appeal by USCA-9th Circuit as to Shawna Cox regarding Notice of Appeal - Interlocutory 1088 USCA # 16-30193. The motion of appellant's standby counsel in the district court, Tiffany A. Harris, to withdraw as counsel of record in this appeal is granted. The Clerk shall enter on the docket appellant, 1031 South Monument Road, Kanab, Utah 84741, as appearing pro se. We conclude that we lack jurisdiction over this appeal because the district court's August 15, 2016 order is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. § 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (stating that finality requirement generally "prohibits appellate review until after conviction and imposition of sentence"). All other pending motions are denied as moot. DISMISSED. (jtj) (Entered: 09/28/2016)
Before: WARDLAW, CALLAHAN, and N.R. SMITH, Circuit Judges.
The motion of appellants standby counsel in the district court, Tiffany A. Harris, to withdraw as counsel of record in this appeal is granted. The Clerk shall enter on the docket appellant, 1031 South Monument Road, Kanab, Utah 84741, as appearing pro se. We conclude that we lack jurisdiction over this appeal because the district courts August 15, 2016 order is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (stating that finality requirement generally prohibits appellate review until after conviction and imposition of sentence). AC/MOATT
Anthony W. Tedeschi and Lois Tedeschi, Merrill J. Chapman v. Smith Barney, Harris Upman & Co., Inc., Martin S. Berglas and John Maine, 757 F.2d 465, 2d Cir. (1985)