Jason Geray v. Jennifer Shaffer, et al
| RHONDA S. DOTTA, Parole Hearing Officer, JENNIFER SHAFFER, Director of Parole Hearings, SCOTT KERNAN, Secretary and DAVID HURD, Parole Hearing Officer |
| JASON GERAY |
| 19-17228 |
| November 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed Appellant Jason Geray response to order to show cause. No proof of service. [11543937] (RR) [Entered: 12/26/2019 09:18 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on September 25, 2019. Appellants notice of appeal from that judgment was dated October 25, 2019, but was not filed until October 30, 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). A response may be filed within 10 days after service of appellants declaration. 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. The Clerk will send appellant a Form 33 along with this order. [11529301] (CKP) [Entered: 12/11/2019 03:40 PM] |
| Filing 4 Received notice of change of address dated 12/05/2019 from Jason Geray. New address: California Correctional Institution, Facility A, Building 8, Bed 107C, P.O. Box 1902, Tehachapi, CA 93581. [11527229] --[Edited: Updated Address. 12/10/2019 by TYL] (RR) [Entered: 12/10/2019 12:35 PM] |
| Filing 3 Received notice of change of address un-dated from Jason Geray. New address: North Kern State Prison, P.O. Box 5005, Delano, CA 93216. [11520671] --[Edited: Updated Address. 12/04/2019 by TYL] (RR) [Entered: 12/04/2019 11:16 AM] |
| Filing 2 Filed Appellant Jason Geray motion to appoint pro bono counsel. Deficiencies: No certificate of service. [11504570] (RR) [Entered: 11/19/2019 04:15 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Jason Geray opening brief due 12/30/2019. Appellees Rhonda S. Dotta, David Hurd, Scott Kernan and Jennifer Shaffer answering brief due 01/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11487185] (HC) [Entered: 11/04/2019 09:21 AM] |
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