Reno Rios v. Edgar Clark, et al
| A. LIBERSTEIN, J. NEUBARTH, TERESA MACIAS, J. WONG, SISODIA, J. KIM, P. ROUCH, WILLIAM J. MCGUINNESS, NEREDDY, H. N. NGUYEN and EDGAR CLARK |
| RENO FUENTES RIOS |
| 19-15954 |
| May 3, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed order (Deputy Clerk: DA) Appellants motion to voluntarily dismiss appeal No. 19-15954 is granted (Docket Entry No. [ # 3 ]). Appeal No. 19-15954 is dismissed. See Fed. R. App. P. 42(b). A review of the district court docket reflects that on May 30, 2019, the district court received appellants notice of appeal served on March 18, 2019, which resulted in the opening of appeal No. 19-16127. Appeal No. 19-16127 remains pending, and all future filings related to this matter should be made in docket No. 19-16127 only. [11332573] (OC) [Entered: 06/14/2019 04:27 PM] |
| Filing 3 Filed Appellant Reno Fuentes Rios move for voluntary dismissal. Deficiencies: None. Served on 05/27/2019. [11315885] (RL) [Entered: 05/31/2019 03:04 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): A review of the record suggests that this court may lack jurisdiction over the appeal because the notice of appeal, titled inquiry about his notice of appeal, served on April 22, 2019 and filed on the district court on April 25, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment, entered on February 28, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). The April 22, 2019 notice of appeal states that appellant served an earlier notice of appeal on March 22, 2019. However, the district court docket does not reflect that a notice of appeal was received by the district court prior to April 25, 2019. 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, appellants response should include a signed statement attesting to when he submitted any earlier notice of appeal in this action to prison officials for forwarding to the district court and if postage was prepaid. If possible, appellant shall also provide this court with a copy of any earlier notice of appeal. 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 stayed pending further order of the court. [11294593] (CKP) [Entered: 05/13/2019 10:36 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Reno Fuentes Rios opening brief due 07/02/2019. Appellees Edgar Clark, J. Kim, A. Liberstein, Teresa Macias, William J. McGuinness, Nereddy, J. Neubarth, H. N. Nguyen, P. Rouch, Sisodia and J. Wong answering brief due 08/02/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11286344] (RT) [Entered: 05/03/2019 02:27 PM] |
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