Kenneth Williams v. ODOC, et al
| LELAND BEAMER, Dr., ROBERT WHITE, RN, TLC COMMITTEE, DAFOE, Nurse, C. FHUERE, C/O, GRANT VANHOUTEN, Health Service Provider, DENNIS D. CARTER, Nurse, OREGON DEPARTMENT OF CORRECTIONS, MARGORIE WANG, MD, WICK, RN, MICHAEL GOWER, Assistant Administrator (ODOC), JUDY DOE, Anesthesiologist, GARTH GULICK, Health Serv. Provider, JAME TAYLOR, Grievance Coordinator, STEVE SHELTON, Health Serv. Admin., J. BRADFORD, RN, G. STILLS, C/O, HAGUE, RN, Health Serv. Mgr., BETTY WILSON, RN, KADLIC NEUROSCIENCE CENTER, LEONARD WILLIAMSON, Inspector General, NICOLAS ARRENDONDO, JOHN DOE, 1,2 and 3X3, SCHNERSKI, Health Service Clerk, O'BRIAN, Nurse, NINA SABOTTA, Grievance Coordnator, SALLY, Nurse and MICHAEL F. GOWER, Assistant Administrator (ODOC) |
| KENNETH GREGORY WILLIAMS |
| 19-35405 |
| May 8, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed Appellant Kenneth Gregory Williams letter dated 06/12/2019 re: "presumed docket frauds to cancel out appeal on trial frauds". Paper filing deficiency: None. [11343124] (CW) [Entered: 06/25/2019 07:41 AM] |
| Filing 5 Filed Appellant Kenneth Gregory Williams response to order to show cause. Served on 06/14/2019. [11340230] (CW) [Entered: 06/21/2019 09:46 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on January 30, 2019. On March 6, 2019, appellant filed a motion for reconsideration, which is dated February 27, 2019, but does not contain a proof of service or otherwise show if and when it was delivered to prison officials for mailing to the district court. The district court denied appellants motion for reconsideration on March 20, 2019. Appellants notice of appeal was delivered to prison officials on April 29, 2019, and received by the district court on May 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 post-judgment order. 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); see also Hollywood v. City of Santa Maria, 886 F.2d 1228, 1231 (9th Cir. 1989) (no separate judgment required for order denying post-judgment motion; time to appeal begins to run from entry of order denying post-judgment motion). 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, appellant shall also submit a declaration or notarized statement attesting to when he delivered his motion for reconsideration to prison officials for mailing to the district court. See Fed. R. App. P. 25(a)(2)(C). 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. [11310171] (CKP) [Entered: 05/28/2019 11:50 AM] |
| Filing 3 Attorney Vanessa A. Nordyke substituted by Attorney Denise G. Fjordbeck [11293630] (CW) [Entered: 05/10/2019 02:20 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck for Appellees ODOC, Leonard Williamson, Michael Gower, Steve Shelton, Hague, Garth Gulick, J. Bradford, Betty Wilson, Wick, Robert White, Jame Taylor, Doctor Leland Beamer, Grant VanHouten, DaFoe, O'Brian, Sally, Nina Sabotta, G. Stills and C. Fhuere. Substitution for Attorney Vanessa A. Nordyke, Esquire for Appellees Doctor Leland Beamer, J. Bradford, DaFoe, C. Fhuere, Michael Gower, Garth Gulick, Hague, O'Brian, ODOC, Nina Sabotta, Sally, Steve Shelton, G. Stills, Jame Taylor, Grant VanHouten, Robert White, Wick, Leonard Williamson and Betty Wilson. Date of service: 05/10/2019. (Party previously proceeding without counsel: No) [11293582] [19-35405] (Fjordbeck, Denise) [Entered: 05/10/2019 01:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kenneth Gregory Williams opening brief due 07/05/2019. Appellees Nicolas Arrendondo, Leland Beamer, J. Bradford, Dennis D. Carter, DaFoe, Judy Doe, C. Fhuere, Michael Gower, Garth Gulick, Hague, John Doe, Kadlic Neuroscience Center, O'Brian, Oregon Department of Corrections, Nina Sabotta, Sally, Schnerski, Steve Shelton, G. Stills, TLC Committee, Jame Taylor, Grant VanHouten, Margorie Wang, Robert White, Wick, Leonard Williamson and Betty Wilson answering brief due 08/05/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11290714] (JPD) [Entered: 05/08/2019 12:10 PM] |
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