Miller v. Valley State Prison Medical Staff CA5
Appellant, Hutton Frank Miller, a California state prisoner proceeding pro se, filed a civil action in Fresno County Superior Court against the medical staff of Valley State Prison alleging inadequate medical care in failing to provide treatment for nerve pain in his feet. Although appellant filed the complaint, he did not effectuate service on the defendants nor did he appear at the scheduled case management conference.
On February 23, 2017, the trial court held an order to show cause hearing, but appellant failed to appear. Based on his failure to appear, the court, by way of an unsigned minute order, dismissed the action without prejudice. No further activity appears on the docket prior to appellant’s filing of a notice of appeal on April 20, 2017. We find that an unsigned minute order is not an appealable order, and therefore we lack jurisdiction and must dismiss the appeal.
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