Ronald Sullivan, Jr. v. Jeffrey Uttecht
| RONALD S. SULLIVAN, Jr. |
| JEFFREY A. UTTECHT, Warden |
| 19-36046 |
| December 11, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 6 Filed (ECF) Appellee Jeffrey A. Uttecht reply to response to order to show cause dated 12/12/2019. Date of service: 01/28/2020. [11576384] [19-36046] (Samson, John) [Entered: 01/28/2020 10:55 AM] |
| Filing 5 Filed Appellant Ronald S. Sullivan, Jr. response to order to show cause. [11572500] (JFF) [Entered: 01/23/2020 04:31 PM] |
| Filing 4 Mail returned on 12/23/2019 addressed to Ronald S. Sullivan, Jr., re: 12/11/2019 case opening letter [ # 1 ] and 12/12/2019 order [ # 3 ]. Returned envelopes note: missing DOC#, return to sender, refused, unable to forward. Resending to: #403475 at same address (Coyote Ridge Corrections Center). [11544623]--[Edited 12/26/2019 by LA to update docket text to include case opening letter]--[Edited: address updated. 12/26/2019 by SLM] (LA) [Entered: 12/26/2019 03:49 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: KMB): The district court judgment was entered on October 30, 2019. Appellants notice of appeal from that judgment appears to be dated November 29, 2019, but was not filed until December 8, 2019. Thus, the notice of appeal was not filed within 30 days after 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). Within 21 days after this order, appellant must 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 will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11530666] (OC) [Entered: 12/12/2019 03:50 PM] |
| Filing 2 Filed Appellant Ronald S. Sullivan, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. Served on 11/29/2019. [11528316] (JMR) [Entered: 12/11/2019 09:39 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 10/29/2019. Record on appeal included: Yes. [11528308] (JMR) [Entered: 12/11/2019 09:37 AM] |
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| Petitioner / appellant: RONALD S. SULLIVAN, Jr. | |
| Represented By: | Ronald S. Sullivan Jr. |
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| Respondent / appellee: JEFFREY A. UTTECHT, Warden | |
| Represented By: | John Joseph Samson |
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