Christopher Ellington v. City of Mesa, et al
| LISA JOHNSON, named as Judge Lisa Johnson, T. SMITH, named as City of Mesa Police Officer T Smith, STEPHEN BRIDGER, named as City of Mesa Prosecutor and UNKNOWN PARTY, named as Officer John Doe |
| P. CARROLL, named as Officer P. Carroll, JOHN MEZA, named as Chief John Meza, T. DANGERFIELD, named as Officer T. Dangerfield, K. KENNEDY, named as Officer K. Kennedy, CITY OF MESA and REDWING, First name unknown, named as Sgt. Redwing |
| CHRISTOPHER MICHAEL ELLINGTON, AKA Christopher M. Ellington |
| 19-17467 |
| December 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH) A review of the record and appellants response to the December 9, 2019 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the December 6, 2019 notice of appeal was not filed within 30 days after the district courts judgment entered on October 30, 2019. See 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). To the extent appellants December 27, 2019 response to the courts order to show cause includes a motion to extend the time to file the notice of appeal, the motion (Docket Entry No. [ # 3 ]) is denied. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(5)(C) (motion to extend time to appeal must be filed in the district court within 30 days after the time to appeal expires); Fed. R. App. P. 26(b)(1) (court of appeal may not extend time to file a notice of appeal except as authorized in Fed. R. App. P. 4); see also Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988) ((Fed. R. App. P. 4(a)(5) requires a formal motion in the district court for extension of time to appeal); Pettibone v. Cupp, 666 F.2d 333, 335 (9th Cir. 1981). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11572278] (JBS) [Entered: 01/23/2020 03:11 PM] |
| Filing 3 Filed Appellant Christopher Michael Ellington response to order to show cause dated 12/09/2019. Served on 12/23/2019. [11545563] (QDL) [Entered: 12/27/2019 03:26 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on October 30, 2019. Appellants notice of appeal was filed in the district court on December 6, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed 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). 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 elects to show cause, a response may be filed within 10 days after service of the memorandum. 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. [11526324] (CKP) [Entered: 12/09/2019 04:21 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 01/06/2020. Transcript due 02/04/2020. Appellant Christopher Michael Ellington opening brief due 03/16/2020. Appellees P. Carroll, City of Mesa, T. Dangerfield, K. Kennedy, John Meza and Redwing answering brief due 04/16/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11525473] (RT) [Entered: 12/09/2019 12:06 PM] |
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