Marta Lyall v.

USCA11 Case: 24-14243 Document: 18-1 Date Filed: 08/08/2025 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-14243 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LAQUISHA MCFARLAND, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:23-cr-00005-TKW-3 ____________________ USCA11 Case: 24-14243 Document: 18-1 Date Filed: 08/08/2025 Page: 2 of 2 2 Opinion of the Court 24-14243 Before BRANCH, LUCK, and LAGOA, Circuit Judges. PER CURIAM: The government has moved to dismiss this appeal as un- timely. Laquisha McFarland’s notice of appeal, deemed filed on December 18, 2024, under the prison mailbox rule, is untimely to challenge the district court’s August 20, 2024, order striking her third reply to the government’s response to her motion for com- passionate release. See Fed. R. App. P. 4(b)(1)(A) (providing that in criminal cases, a defendant’s notice of appeal must be filed within 14 days after the entry of the judgment or order being appealed); United States v. Lopez, 562 F.3d 1309, 1312-14 (11th Cir. 2009) (hold- ing that we must apply Rule 4(b)’s 14-day time limit when the gov- ernment objects to an untimely notice of appeal); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (holding that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities, and absent contrary evidence, we assume that a prisoner delivers a filing on the date he signs it). Accordingly, the government’s motion to dismiss is GRANTED, and this appeal is DISMISSED.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL DEUSCHEL, No. 24-3129 D.C. No. Plaintiff - Appellant, 3:23-cv-03458-MMC v. MEMORANDUM* CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY; Doctor MARK GHALY, Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding Submitted May 23, 2025 ** Pasadena, California Before: WARDLAW and OWENS, Circuit Judges, and HINDERAKER, District Judge.*** * 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). *** The Honorable John Charles Hinderaker, United States District Judge for the District of Arizona, sitting by designation.  Michael Deuschel appeals from the district court’s dismissal of his First Amended Complaint (FAC). The district court dismissed the FAC, with prejudice, for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) because the FAC did not comply with Federal Rule of Civil Procedure 8. We have jurisdiction under 28 U.S.C. § 1291. We reverse and remand. We review de novo the district court’s dismissal of the FAC pursuant to 28 U.S.C. § 1915(e) and dismissal under Rule 8. Hebrard v. Nofziger, 90 F.4th 1000, 1006 (9th Cir. 2024) (dismissal under 28 U.S.C. § 1915(e)(2)); In re Dominguez, 51 F.3d 1502, 1508 n.5 (9th Cir. 1995) (dismissal under Rule 8). We review for an abuse of discretion the district court’s dismissal of a complaint without leave to amend. United States v. United Healthcare Ins. Co., 848 F.3d 1161, 1172 (9th Cir. 2016). The district court did not err in dismissing the FAC pursuant to 28 U.S.C. § 1915(e)(2)(B) because the FAC did not comply with Rule 8. See Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1058–59 (9th Cir. 2011) (collecting cases affirming dismissal without leave to amend under Rule 8(a) where the complaint is unnecessarily long, repetitive, or confusing). The FAC fails to specify what actions taken by each defendant caused injury in violation of which laws. With respect to dismissal without leave to amend, “court[s] consider[] five 2 24-3129 factors in assessing the propriety of leave to amend—bad faith, undue delay, prejudice to the opposing party, futility of amendment, and whether the plaintiff has previously amended the complaint.” United States v. Corinthian Colls., 655 F.3d 984, 995 (9th Cir. 2011) (citation omitted). As to the fourth factor, futility of amendment, we have explained that “[l]eave to amend is warranted if the deficiencies can be cured with additional allegations that are ‘consistent with the challenged pleading’ and that do not contradict the allegations in the original complaint.” Id. (quoting Reddy v. Litton Indus., Inc., 912 F.2d 291, 296–97 (9th Cir. 1990)). In dismissing the FAC without leave to amend, the district court failed to explicitly consider all the factors for dismissal without leave to amend. With respect to futility, the district court cited the standard set forth in Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000)—that leave to amend should be granted unless a pleading “could not possibly be cured by the allegation of other facts”— but failed to identify any reasons for concluding that the FAC could not be cured with additional allegations. See DCD Programs v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (“If a district court believes the plaintiff is not able to state a claim, it should provide written findings explaining this. . . . [I]n the absence of written findings or a record which clearly indicates reasons for the district court’s denial, this court will reverse a denial of leave to amend.”). The district court’s 3 24-3129 observation that it was “unable to discern any attempt in the FAC to revise the complaint in such a way as to cure or even address the deficiencies identified in the Court’s prior screening order” does not suffice as consideration of futility becau

Case: 24-11021 Document: 47-1 Page: 1 Date Filed: 06/10/2025 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 10, 2025 No. 24-11021 Lyle W. Cayce ____________ Clerk Ruth Torres, Plaintiff—Appellant, versus Bonnie Lee Goldstein, In Official Capacity 44th District Court Judge Dallas; Raymond G. Wheless, In Official Capacity, Presiding Judge First Administrative Judicial Region; Robert D. Burns, In Official Capacity, Chief Justice, Fifth Court of Appeals-Dallas; Amanda L. Reichek, In Official Capacity, Chief Justice, Fifth Court of Appeals-Dallas; Ken Molberg, In Official Capacity, Chief Justice, Fifth Court of Appeals- Dallas; Dennise Garcia, In Official Capacity, Chief Justice, Fifth Court of Appeals-Dallas; Robbie Partida-Kipness, In Official Capacity, Justice Place 2 Fifth Court of Appeals-Dallas; Honorable Dale Tillery, In Official Capacity, 134th District Court Judge Dallas, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CV-1843 ______________________________ Case: 24-11021 Document: 47-1 Page: 2 Date Filed: 06/10/2025 No. 24-11021 Before Smith, Graves, and Engelhardt, Circuit Judges. Per Curiam: * Ruth Torres, proceeding pro se, filed a civil rights complaint against several members of the Texas judiciary seeking injunctive, declaratory, and monetary relief. Torres alleged that the defendants violated her constitu- tional rights by issuing improper rulings and orders in a lawsuit initiated against her in retaliation for being a whistleblower, as well as in related legal proceedings. The district court dismissed the complaint as frivolous and for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 915(e)(2)(B). Torres moves to proceed in forma pauperis (“IFP”) on appeal, which constitutes a challenge to the district court’s certification that any appeal would not be taken in good faith because Torres will not present a nonfrivolous appellate issue. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). As an initial matter, Torres does not present a nonfrivolous issue for appeal regarding her contention that the district court failed to conduct de novo review as demonstrated by the court’s failure separately to provide find- ings and conclusions for overruling her objections to the magistrate judge’s report and recommendation. Rather, the record reflects that in accepting the report and recommendation, the district court conducted the requisite de novo review. See Fed. R. Civ. P. 72(b)(3). In addition, the district court’s decision to consider sua sponte the applicability of the judicial immunity doctrine does not present a non- frivolous issue for appeal. See Boyd v Biggers, 31 F.3d 279, 284 (5th Cir. 1994). Further, Torres’s conclusory assertions, without more, that judicial immun- ity does not apply because the defendants’ actions were without jurisdiction _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. 2 Case: 24-11021 Document: 47-1 Page: 3 Date Filed: 06/10/2025 No. 24-11021 and they were disqualified “due to ultra-vires acts/or crime-fraud excep- tion,” does not arguably state a constitutional violation. See Koch v. Puckett, 907 F.2d 524, 530 (5th Cir. 1990). Rather, her allegations all stem from orders the defendants issued in litigation involving Torres. See Davis v. Tar- rant Cnty., 565 F.3d 214, 221-22 (5th Cir. 2009). Further, Torres does not challenge the district court’s conclusion that she could not bring a private criminal action against the defendants. Nor does she challenge the decision denying her leave to amend her complaint. Thus, these claims are deemed abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Torres also maintains that the district court abused its discretion in denying her motion for appointment of counsel. However, Torres’s numer- ous filings in the district court and this court indicate that she has the

Case: 24-10772 Document: 58-1 Page: 1 Date Filed: 06/10/2025 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10772 FILED June 10, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Willie Gonzales, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 2:23-CR-93-1 ______________________________ Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Defendant- Appellant Willie Gonzales has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Gonzales has not filed a response. We have reviewed counsel’s brief and the relevant portions of the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10772 Document: 58-1 Page: 2 Date Filed: 06/10/2025 No. 24-10772 record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. 2

Appellate Case: 25-2010 Document: 25-1 Date Filed: 06/27/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 27, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-2010 (D.C. No. 2:23-CR-01662-RB-1) JUAN DE DIOS MARISCAL-GARCIA, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.** _________________________________ This matter is before the court on the parties’ Joint Motion for Remand, in which they request that the court remand this appeal to the district court for resentencing. Upon consideration and review of the record, the court: A. Grants the motion; B. Remands this case to the district court for resentencing and to undertake, in its discretion, all necessary and appropriate proceedings required to * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** Because this matter is being decided on a Joint Motion to Remand for Resentencing this panel has determined unanimously that oral argument would not materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 25-2010 Document: 25-1 Date Filed: 06/27/2025 Page: 2 resentence defendant-appellant Juan Mariscal-Garcia in accord with the Joint Motion for Remand filed here; and C. Directs the Clerk to issue the mandate forthwith. Entered for the Court CHRISTOPHER M. WOLPERT, Clerk 2