James Ball v. Dan Johnson, et al
| CATHY REDFERN, KREMER, Unit Manager, COBBAN, Grievance Officer and KLING, Nurse |
| KERRIE ROSS, Correctional Officer, DAN JOHNSON, CRYSTAL FOSTER, Sgt. and HOLLEN, Correctional Officer |
| JAMES E. BALL |
| 19-35356 |
| April 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed order (Deputy Clerk: DA) On May 13, 2019, this court ordered appellant, within 21 days, to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts May 13, 2019 order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. Appellant is reminded that he must notify this court in writing of any change to his address for service pursuant to Ninth Circuit Rule 46-3. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [11333503] (OC) [Entered: 06/17/2019 10:43 AM] |
| Filing 4 Mail returned on 05/28/2019 addressed to James E. Ball, re: 05/13/2019 order [ # 2 ]. Returned envelope notes: return to sender, no longer at this address, unable to forward. Resending to: case files; order was already resent to new address on 05/20/2019. [11312764] (LA) [Entered: 05/29/2019 06:29 PM] |
| Filing 3 Mail returned on 05/20/2019 addressed to James E. Ball, re: 04/29/2019 case opening information [ # 1 ]. Returned envelope notes: return to sender, no longer at this address, unable to forward. Resending to: Riverside Special Needs Unit, PO Box 88, Boulder, MT 59632 with copy of 05/13/2019 order [ # 2 ]. [11303638]--[Edited docket text. 05/20/2019 by LA]--[Edited: address updated. 05/21/2019 by SLM] (LA) [Entered: 05/20/2019 06:05 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): A review of the record suggests that this court may lack jurisdiction over the appeal because the notice of appeal, served on April 24, 2019 and filed on the district court on April 29, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment, entered on March 19, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). The notice of appeal states that the notice of appeal served on April 24, 2019 was the second notice of appeal served by appellant. However, the district court docket does not reflect that a notice of appeal was received by the district court prior to April 29, 2019. 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, appellants response should include a signed statement attesting to: (1) when he submitted any earlier notice of appeal in this action to prison officials for forwarding to the district court; and (2) a statement attesting to the date on which he first received notice of the March 19, 2019 entry of judgment. If possible, appellant shall also provide this court with a copy of any earlier notice of appeal. 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 and all pending motions are stayed pending further order of the court. [11294645] (CKP) [Entered: 05/13/2019 10:51 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James E. Ball opening brief due 06/28/2019. Appellees Crystal Foster, Hollen, Dan Johnson and Kerrie Ross answering brief due 07/29/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11280747] (HC) [Entered: 04/29/2019 02:35 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
