Free Order on Motion for Leave to Appeal - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Albert DeLeon,

) ) Plaintiff, ) ) vs. ) ) Dora Schriro, et al., ) ) Defendants. ) ______________________________)

CV 04-0446-PHX-PGR (MS)

ORDER

Pending before the Court is Plaintiff's Motion for Leave to Appeal (Doc. # 181), filed on November 7, 2005. Plaintiff had previously filed a Notice of Interlocutory Appeal to the Ninth Circuit on October 26, 2005 (Doc. # 175), which prompted the Clerk to file and process Plaintiff's appeal. Both the Motion for Leave to Appeal and the Notice of Interlocutory Appeal address the same issue, namely the denial of Plaintiff's "Motion for Leave to Amend Complaint" (Doc. # 156). On January 17, 2006, the Ninth Circuit dismissed Plaintiff's appeal for lack of jurisdiction as the order challenged in the appeal was not a final order (Doc. # 195). As a result, Plaintiff's Motion for Leave to Appeal will be denied as moot. ...

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IT IS ORDERED that Plaintiff's Motion for Leave to Appeal (Doc. # 181) is DENIED AS MOOT. DATED this 23rd day of January, 2006.

Case 2:04-cv-00446-JAT

2 Document 197

Filed 01/24/2006

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