James McCarthy v. Jimmie Wilson, III, et al
| NANCY E. O'MALLEY, District Attorney of Alameda County and JIMMIE L. WILSON III, Assistant District Attorney, Alameda County District Attorney |
| JAMES TIMOTHY MCCARTHY |
| 19-16526 |
| August 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 5 Filed Appellant James Timothy McCarthy motion to reconsider order of the Clerk of the Court filed on 08/21/2019. Deficiencies: None. [11422224] (RR) [Entered: 09/05/2019 12:56 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on April 23, 2019. Appellants notice of appeal was delivered to prison officials on July 29, 2019, and received by the district court on August 1, 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 judgment. 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 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. [11405881] (CKP) [Entered: 08/21/2019 03:39 PM] |
| Filing 3 Filed Appellant James Timothy McCarthy letter dated 08/08/2019 re: questions regarding the appeal. Paper filing deficiency: None. [11400301] (RR) [Entered: 08/16/2019 02:00 PM] |
| Filing 2 Filed original and 0 copies of Appellant James Timothy McCarthy (Informal: Yes) opening brief of 5 pages. Served on 07/29/2019. [11391652] (KT) [Entered: 08/08/2019 03:15 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant James Timothy McCarthy opening brief due 09/30/2019. [11386724] (JPD) [Entered: 08/05/2019 10:58 AM] |
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| Defendant / appellee: NANCY E. O'MALLEY, District Attorney of Alameda County | |
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| Defendant / appellee: JIMMIE L. WILSON III, Assistant District Attorney, Alameda County District Attorney | |
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| Plaintiff / appellant: JAMES TIMOTHY MCCARTHY | |
| Represented By: | James Timothy McCarthy |
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