United States v. Ronald J. Dupard

Good Law
995 F.2d 233·1993 WL 191887·1993 U.S. App. LEXIS 21312
United States Court of Appeals for the Ninth CircuitJune 7, 199392-36960California365 words

Opinion

Opinion

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ronald J. DUPARD, Defendant-Appellant. No. 92-36960. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 7, 1993. Before HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Ronald J. Dupard, a federal prisoner, appeals pro se from the magistrate judge's order denying bail pending Dupard's appeal from the denial of his second 28 U.S.C. § 2255 motion. We dismiss this appeal for lack of jurisdiction. See Land v. Deeds, 878 F.2d 318, 318 (9th Cir.1989) (per curiam) (no appeal lay, under collateral order doctrine or otherwise, from magistrate's order denying defendant's request for bail pending decision in defendant's habeas case). 3 Further, we decline to construe this appeal as a motion for reconsideration of this court's previous denial of Dupard's motion for bail pending appeal, or as a mandamus petition. Cf. id.…

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