James Rollins v. Gary Wakeman, et al
| BRAD SIMPSON, in their individual capacities, GARY WAKEMAN and BELINDA STEWART |
| JAMES W. ROLLINS |
| 19-35549 |
| June 28, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 07/01/2019). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11405069] (CKP) [Entered: 08/21/2019 10:50 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on May 24, 2019. Appellants notice of appeal from that judgment was dated June 16, 2019, but was not filed until June 28, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. 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 this court. [11350285] (CKP) [Entered: 07/01/2019 11:41 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 W. Rollins opening brief due 08/27/2019. Appellees Brad Simpson, Belinda Stewart and Gary Wakeman answering brief due 09/26/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11348671] (JBS) [Entered: 06/28/2019 01:29 PM] |
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