Daniel Coston v. Andrew Nangalama, et al
| TROY BRIMHALL, J. BAL, D. BERCHTOLD, VICTOR DUC and PREET SAHOTA |
| RONALD HALE, Licensed Vocational Nurse and ANDREW NANGALAMA |
| DANIEL M. COSTON |
| 19-16450 |
| July 23, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed Appellant Daniel M. Coston motion for good cause shown to go forward on appeal. Served on 09/01/2019. [11425872] (RL) [Entered: 09/09/2019 04:36 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on November 15, 2018. Appellant filed a motion pursuant to Federal Rule of Appellate Procedure 59(a) and (e) on November 26, 2018, which the district court denied in an order entered on May 3, 2019. Appellants notice of appeal was delivered to prison officials on July 15, 2019, and received by the district court on July 19, 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 November 15, 2018 judgment or the May 3, 2019 post-judgment order. 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 is suspended pending further order of the court. [11405274] (CKP) [Entered: 08/21/2019 11:57 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 08/19/2019. Transcript due 09/17/2019. Appellant Daniel M. Coston opening brief due 10/28/2019. Appellees Ronald Hale and Andrew Nangalama answering brief due 11/26/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11373156] (JMR) [Entered: 07/23/2019 10:36 AM] |
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