Octavio Sanchez v. Ghost Management Group, LLC ( 2021 )


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  •                            NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                       MAY 26 2021
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    OCTAVIO SANCHEZ, DBA Weedmenu,                  No. 19-56267
    Plaintiff-Appellant,            D.C. No. 8:19-cv-00442-AG-KES
    v.
    MEMORANDUM*
    GHOST MANAGEMENT GROUP, LLC,
    DBA Weedmaps, a Delaware limited
    liability company,
    Defendant-Appellee,
    and
    VIRTUAL SUPPORT, LLC,
    Defendant.
    Appeal from the United States District Court
    for the Central District of California
    Andrew J. Guilford, District Judge, Presiding
    Submitted May 18, 2021**
    Before:      CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Octavio Sanchez appeals pro se from the district court’s order dismissing his
    claims against defendant Ghost Management Group, LLC, arising from a
    trademark dispute. We dismiss for lack of jurisdiction.
    A review of the record and the response to this court’s February 22, 2021
    order to show cause demonstrate that the court lacks jurisdiction over this appeal
    because the order challenged in the appeal is not final or appealable. See Fed. R.
    Civ. P. 54(b) (“[T]he court may direct entry of a final judgment as to one or more,
    but fewer than all, claims or parties only if the court expressly determines that
    there is no just reason for delay.”); Chacon v. Babcock, 
    640 F.2d 221
    , 222 (9th Cir.
    1981) (order is not appealable unless it disposes of all claims as to all parties, or
    judgment is entered in compliance with Rule 54(b)). Consequently, this appeal is
    dismissed for lack of jurisdiction.
    This dismissal is without prejudice to the filing of a timely notice of appeal
    from any final order or judgment, or a judgment entered in compliance with Rule
    54(b), subsequently entered by the district court.
    DISMISSED.
    2                                     19-56267
    

Document Info

Docket Number: 19-56267

Filed Date: 5/26/2021

Precedential Status: Non-Precedential

Modified Date: 5/26/2021