Richie Carver v. Charles Ryan, et al
| RICHIE LEE CARVER |
| CHARLES L. RYAN and STATE OF ARIZONA |
| 19-15996 |
| May 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 3 Filed Appellant Richie Lee Carver response to order to show cause. (Entitled: Notice of Appeal from Judgment of Late Filing). [11334285] (NAC) [Entered: 06/17/2019 02:42 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on April 3 2019. Appellants notice of appeal from that judgment was dated May 1, 2019, but was not filed until May 9, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). 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 this court. [11302812] (CKP) [Entered: 05/20/2019 12:11 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11292603] (HC) [Entered: 05/09/2019 03:35 PM] |
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