Kevin Ruskin v. USA
| UNITED STATES OF AMERICA |
| KEVIN RUSKIN |
| 19-15905 |
| April 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the docket reflects that appellant has failed to respond to the courts May 3, 2019 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 21 days after the date of this order, appellant shall file a response to the May 3, 2019 order to show cause. If appellant elects to show cause, appellee may file a response within 10 days after service of appellants statement. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing is stayed pending further order of the court. The Clerk shall send a copy of the May 3, 2019 order to appellant along with this order. [11338875] (CKP) [Entered: 06/20/2019 10:49 AM] |
| Filing 3 Received original and 0 copies of Appellant Kevin Ruskin opening brief (Informal: No) of 23 pages. Served on 05/13/2019. Major deficiencies: no briefing schedule. [11302022] (LA) [Entered: 05/17/2019 05:07 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts order denying appellants 28 U.S.C. 2255 motion was entered on the docket on April 3, 2018. Appellants notice of appeal was filed in the district court on April 15, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 210 days after entry of the district courts order. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Kingsbury v. United States, 900 F.3d 1147 (9th Cir. 2018) (per curiam) (holding that Fed. R. Civ. P. 58s requirement that judgment be set out in a separate document applies to proceedings under 28 U.S.C. 2255); see also Fed. R. App. P. 4(a)(7). 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. [11285891] (CKP) [Entered: 05/03/2019 11:10 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11281092] (HC) [Entered: 04/29/2019 04:26 PM] |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Kiyoko Elizabeth Patterson |
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| Petitioner / appellant: KEVIN RUSKIN | |
| Represented By: | Kevin Ruskin |
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