Larry Prince v. Terry Stewart, et al
| T. BRADY, MOLLIE BADGETT, SAMUEL SUBLETT, DANIEL VANNELLI, SUSAN BARTMESS HASSENZELLA, C. SCHNELIG, R. RAMSEY, R. STUTZMAN, A. TOMASZEWSKI and MELCHER, Lt. |
| DON GREENWALD, sued in individual & official capacity, DAVID CLUFF, TERRY L. STEWART, Director, sued in his official & individual capacity, B. DANIELS, sued in individual & official capacity, BLAINE MARSHALL, sued in individual & official capacity, LORRAINE ROLNICK, sued in individual & official capacity and G. DAVIS, sued in individual & official capacity |
| LARRY JOE PRINCE |
| 19-15618 |
| April 3, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 Filed clerk order (Deputy Clerk: CO): Appellees motion for an extension of time [ # 4 ] to respond to appellants May 10, 2019 submission is granted. Appellees shall file a response on or before June 3, 2019. Briefing remains stayed pending further order of the court. [11309963] (CKP) [Entered: 05/28/2019 10:29 AM] |
| Filing 5 Received original and 2 copies of Appellant Larry Joe Prince opening brief (Informal: Yes) of 6 pages. Served on 05/20/2019. Major deficiencies: briefing is suspended. [11307723] (LA) [Entered: 05/23/2019 02:41 PM] |
| Filing 4 Filed (ECF) Appellees David Cluff, B. Daniels, G. Davis, Director, Don Greenwald, Blaine Marshall and Lorraine Rolnick Motion to extend time to file a response until 06/03/2019. Date of service: 05/14/2019. [11297521] [19-15618] (Morrissey, Kelley) [Entered: 05/14/2019 04:26 PM] |
| Filing 3 Filed Appellant Larry Joe Prince response why appeal should not be dismissed for lack of jurisdiction. Served on 05/06/2019. [11295117] (RR) [Entered: 05/13/2019 01:07 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts post-judgment order was entered on the docket on January 29, 2019. Appellants notice of appeal was dated March 1, 2019, delivered to prison officials on March 29, 2019, and received by the district court on March 29, 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 January 29, 2019 post-judgment order. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A); 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); see also Hollywood v. City of Santa Maria, 886 F.2d 1228, 1231 (9th Cir. 1989) (no separate judgment required for order denying post-judgment motion; time to appeal begins to run from entry of order denying post-judgment motion). 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. Appellants failure to comply with this order may result in the dismissal of this appeal for failure to prosecute pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending disposition of this order to show cause. [11256085] (CKP) [Entered: 04/08/2019 12:55 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Larry Joe Prince opening brief due 05/28/2019. Appellees David Cluff, B. Daniels, G. Davis, Don Greenwald, Blaine Marshall, Lorraine Rolnick and Terry L. Stewart, Director answering brief due 06/27/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11251873] (JPD) [Entered: 04/03/2019 02:11 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
