Ricardo Hernandez v. Charles Ryan, et al
| PETER KUCENSKI, STATE OF ARIZONA, JUSTIN FERRARI, PHOENIX POLICE DEPARTMENT, ARIEL N. SARAFIN, ARIZONA DEPARTMENT OF CORRECTIONS, BILLY HARDY, KAREN PUGH and PATRICIA GONZALEZ |
| RICARDO HERNANDEZ |
| DOUG DUCEY, Governor of State of Arizona, CITY OF PHOENIX and CHARLES L. RYAN, Director of Arizona Department of Corrections |
| 19-15479 |
| March 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 MANDATE ISSUED. (DFO, WAF and PJW) [11298158] (QDL) [Entered: 05/15/2019 10:46 AM] |
| Filing 9 Filed order (DIARMUID F. O'SCANNLAIN, WILLIAM A. FLETCHER and PAUL J. WATFORD) A review of the record and appellants response to the March 25, 2019 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated February 15, 2019 and received by the district court on February 25, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on January 3, 2019. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11273533] (JMR) [Entered: 04/23/2019 11:02 AM] |
| Filing 8 Received original and 0 copies of Appellant Ricardo Hernandez opening brief (Informal: Yes) 15 pages. Served on 03/29/2019. Major deficiencies: motion pending. [11260707] (KWG) [Entered: 04/11/2019 11:37 AM] |
| Filing 7 Filed Appellant Ricardo Hernandez supplemental motion to appoint pro bono counsel. Deficiencies: None. Served on 03/29/2019. [11258283] (QDL) [Entered: 04/09/2019 03:01 PM] |
| Filing 6 Filed Appellant Ricardo Hernandez motion to proceed In Forma Pauperis. Deficiencies: None. Served on 03/29/2019. [11258278] (QDL) [Entered: 04/09/2019 02:59 PM] |
| Filing 5 Filed Appellant Ricardo Hernandez response to Court order. Served on 03/29/2019. [11258267] (QDL) [Entered: 04/09/2019 02:55 PM] |
| Filing 4 Filed Appellant Ricardo Hernandez response to order to show cause dated 03/25/2019. Served on 03/29/2019. [11258255] (QDL) [Entered: 04/09/2019 02:53 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on January 3, 2019. Appellants notice of appeal was delivered to prison officials on February 15, 2019, and received by the district court on February 25, 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 and all pending motions are suspended pending further order of the court. [11241114] (CKP) [Entered: 03/25/2019 01:53 PM] |
| Filing 2 Filed Appellant Ricardo Hernandez motion to appoint pro bono counsel. Deficiencies: None. Served on 02/15/2019. [11231168] (JPD) [Entered: 03/18/2019 10:11 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Ricardo Hernandez opening brief due 04/26/2019. [11231125] (JPD) [Entered: 03/18/2019 10:00 AM] |
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