Brian Wolf v. Jaimye Ashley
| JAIMYE L. ASHLEY, Individual capacity |
| BRIAN ALLAN WOLF |
| 19-17474 |
| December 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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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 the opening brief received on December 20, 2019 demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served and filed on December 6, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on October 18, 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). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11572417] (JMR) [Entered: 01/23/2020 03:53 PM] |
| Filing 3 Received original and 0 copies of Appellant Brian Allan Wolf opening brief (Informal: Yes) 8 pages. Served on 12/15/2019. Major deficiencies: Briefing is suspended. [11543345] (SML) [Entered: 12/24/2019 11:03 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on October 18, 2019. Appellants notice of appeal was dated and filed by 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 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. [11533465] (CKP) [Entered: 12/16/2019 12:26 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 Brian Allan Wolf opening brief due 02/04/2020. [11526989] (JPD) [Entered: 12/10/2019 10:54 AM] |
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| Defendant / appellee: JAIMYE L. ASHLEY, Individual capacity | |
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| Plaintiff / appellant: BRIAN ALLAN WOLF | |
| Represented By: | Brian Allan Wolf |
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