Lorna Spinney v. Norman Keanaaina, et al
| MAAKI TEUTAU, ASA TEUTAU, LEROY E. COLOMBE, JEAN KEKA, MAASI TEUTAU, TUPOU VI, SAMUELA TATOFI, TYLER MENO, PATRICK KAWAI, DOES, 1 - 1000, NORMAN A. KEANAAINA, FINE TEUTAU, RICHARD RAMIREZ, SEMISI FONUA, SIONE FILIKITONGA, FALAU, Master, HARRY KIM, ROBERT D. TRIANTOS, DEANNA S. SAKO, SALESI HE-I-LIKU TONGA, RENEE SONOBE HONG, PAUL FERRIERA and MICHELLE C. DICKINSON |
| LORNA PIKAKE SPINNEY |
| 19-17156 |
| October 25, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed clerk order (Deputy Clerk: DA): On September 3, 2019, appellant Lorna Pikake Spinney filed a motion to intervene in the above-referenced district court action. On September 17, 2019, the district court dismissed the first amended complaint of plaintiff Alfred Spinney Keliihuluhulu in the above-referenced district court action, and denied appellants application to intervene in the district court action without prejudice to renewal. The district court entered a final order dismissing the action on October 25, 2019, and entered final judgment on November 21, 2019. Appellant filed a notice of appeal on October 21, 2019, challenging the district courts September 17, 2019 order. A review of the record suggests that this court may lack jurisdiction over the appeal because the September 17, 2019 order may not have been final and appealable with respect to appellant, and even if the portion of the September 17, 2019 order denying intervention as to appellant without prejudice to renewal was final, the notice of appeal was not filed within 30 days after entry of the district courts order. 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). 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. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Appellants address is listed on this courts docket as: Lorna Pikake Spinney, c/o Hawaiian Kingdom Embassy, 6 Main Street, Germantown, NY 12526. A review of the district court docket reflects that the Hawaiian Kingdom Embassy informed the district court that it will not accept mail on behalf of individuals. Within 21 days after the date of this order, appellant shall provide an updated address for service as required by Ninth Circuit Rule 46-3. If appellant does not fully comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. The Clerk will serve a Form 4 financial affidavit on appellant. [11523595] (OC) [Entered: 12/06/2019 10:23 AM] |
| 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 Lorna Pikake Spinney opening brief due 12/20/2019. [11478314] (JBS) [Entered: 10/25/2019 01:41 PM] |
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