Paul Mitchell v. Brian Duffy, et al
| BRIAN DUFFY, PONGYANG, LADSON and AVALOS |
| PAUL MITCHELL |
| 19-16559 |
| August 8, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed Appellant Paul Mitchell response to order to show cause. [11438581] (JFF) [Entered: 09/20/2019 11:08 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on June 11, 2019. Appellants notice of appeal was delivered to prison officials on August 1, 2019, and received by the district court on August 5, 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. [11395852] (CKP) [Entered: 08/13/2019 12:41 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 Paul Mitchell opening brief due 10/04/2019. [11391213] (WL) [Entered: 08/08/2019 12:10 PM] |
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