James Roberts v. David Tristan, et al
| N. GRANNIS, DERRAL G. ADAMS, Warden, DAVID TRISTAN, TUFTE, RATLIFF, STRONGBURG and W. CHILDRESS |
| JAMES RAY ROBERTS |
| 19-15264 |
| February 13, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 10 Received notice of change of address dated 03/26/2019 from James Ray Roberts. New address: CHCF, D-3-a-123, PO Box 32080, Stockton, CA 95213. [11257688]--[Edited: address updated. 04/09/2019 by SLM] (RL) [Entered: 04/09/2019 11:23 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: CO): Appellees motion for an extension of time [ # 7 ] to respond to this courts February 19, 2019 order is granted. Appellees shall file a response on or before April 5, 2019. Briefing remains stayed pending further order of the court. [11240951] (CKP) [Entered: 03/25/2019 12:50 PM] |
| Filing 8 Filed (ECF) Appellees Ratliff, David Tristan and Tufte reply to response to order to show cause dated 02/19/2019. Date of service: 03/25/2019. [11240537] [19-15264] (Cho, Hay-Mie) [Entered: 03/25/2019 10:39 AM] |
| Filing 7 Filed (ECF) Appellees Ratliff, David Tristan and Tufte Motion to extend time to file a response until 04/05/2019. Date of service: 03/21/2019. [11237195] [19-15264] (Cho, Hay-Mie) [Entered: 03/21/2019 10:45 AM] |
| Filing 6 Filed Appellant James Ray Roberts memorandum regarding court's jurisdiction. Served on 03/08/2019. [11232842] (RL) [Entered: 03/18/2019 05:00 PM] |
| Filing 5 Attorney Sara Turner in 19-15264 substituted by Attorney Hay-Mie Cho in 19-15264 [11202137] (SLM) [Entered: 02/21/2019 09:06 AM] |
| Filing 4 Attorney Julia Je substituted by Attorney Hay-Mie Cho. [11200159] (RL) [Entered: 02/19/2019 04:57 PM] |
| Filing 3 Filed (ECF) notice of appearance of Hay-Mie Cho for Appellees David Tristan, Ratliff and Tufte. Substitution for Julia Je for Appellees Ratliff and David Tristan and Ms. Sara Turner for Appellee Tufte. Date of service: 02/19/2019. (Party previously proceeding without counsel: No) [11200120] [19-15264] (Cho, Hay-Mie) [Entered: 02/19/2019 04:36 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts post-judgment order denying appellants motion to reopen district court proceedings was entered on the docket on November 29, 2018. Appellants notice of appeal was not dated, and received by the district court on February 11, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed or delivered to prison officials within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Houston v. Lack, 487 U.S. 266, 270 (1988) (notice of appeal deemed filed when it was delivered to prison authorities for forwarding to the court). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11199452] (CKP) [Entered: 02/19/2019 01:42 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James Ray Roberts opening brief due 04/12/2019. Appellees Derral G. Adams, Warden, W. Childress, N. Grannis, Ratliff, Strongburg, David Tristan and Tufte answering brief due 05/13/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11188433] (JMR) [Entered: 02/13/2019 09:47 AM] |
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