Alfred Clark v. New Century Mortgage Company, et al
| NEW CENTURY MORTGAGE COMPANY, WESTERN PROGRESSIVE - NEVADA, INC., BARCLAYS CAPITAL REAL ESTATE, INC., U.S. BANK, N.A. and OCWEN LOAN SERVICING, LLC |
| ALFRED CLARK |
| 19-17400 |
| November 26, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ALFRED CLARK V. NEW CENTURY MORTGAGE COMPANY |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 2 Filed order (SIDNEY R. THOMAS, MARSHA S. BERZON and DANIEL A. BRESS): A review of the district court docket reflects that the November 26, 2019 notice of appeal was not filed within 30 days after entry of the September 10, 2019 judgment. On September 18, 2019, appellant filed a motion requesting leave to appeal final judgment. The district court denied the September 18, 2019 motion because appellant did not need leave of the court to appeal. We construe appellants motion requesting leave to appeal final judgment as a timely notice of appeal from the final judgment. See Smith v. Barry, 502 U.S. 244, 248-49 (1992) (If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.); Estrada v. Scribner, 512 F.3d 1227, 1236 (9th Cir. 2008) (pro se prisoners motion for appellate counsel satisfied requirements for notice of appeal where motion identified party seeking to appeal, and referenced judgment and district courts issuance of certificate of appealability). Accordingly, this appeal shall proceed. The briefing schedule established previously remains in effect. [11535574] (AF) [Entered: 12/17/2019 02:12 PM] |
| 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 12/26/2019. Transcript due 01/27/2020. Appellant Alfred Clark opening brief due 03/05/2020. Appellees Barclays Capital Real Estate, Inc., New Century Mortgage Company, Ocwen Loan Servicing, LLC, U.S. Bank, N.A. and Western Progressive - Nevada, Inc. answering brief due 04/06/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11513992] (HC) [Entered: 11/26/2019 04:51 PM] |
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