United States Ninth Circuit

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West v. US, 13-16909

In a civil action brought by a plaintiff alleging government misconduct in his criminal case, the district court’s judgment dismissing the claims is reversed where: 1) Under Fed. R. App. P. 3(c)(1)(A), the notice of appeal (NOA) must identify each appellant, but does not mention appellees, and failing to name an appellee in an NOA is not a jurisdictional bar to considering an appeal against that appellee; and 2) for purposes of Fed. R. App. P. 3(c)(1)(B), plaintiff's NOA sufficiently indicated his intent to appeal the entire district court order and the judgment dismissing the whole suit.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/03

Judges

  • O'SCANNLAIN

Court

  • United States Ninth Circuit

Counsel


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