James Denson v. David Shinn
| DAVID SHINN, Warden |
| JAMES DENSON |
| 19-55877 |
| July 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed order (Deputy Clerk: ME) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 08/05/2019). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11444681] (ME) [Entered: 09/26/2019 11:26 AM] |
| Filing 7 Mail returned on 09/10/2019 addressed to James Denson, re: 08/30/2019 order [ # 5 ]. Returned envelope notes: return to sender, not deliverable as addressed, unable to forward. Resending to: 18824 NW 82nd Ct, Hialeah, FL 33015. [11428544] (LA) [Entered: 09/11/2019 02:37 PM] |
| Filing 6 Received notice of change of address from James Denson. New address: 18824 NW 82nd Ct, Hialeah, FL 33015. [11424015]--[Edited: address updated. 09/06/2019 by SLM] (QDL) [Entered: 09/06/2019 03:47 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): Appellants motion for an extension of time [ # 4 ] to respond to this courts August 5, 2019 order is granted. Appellant shall file a response on or before September 11, 2019. Failure to comply with this order will result in the dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. [11417233] (CKP) [Entered: 08/30/2019 02:56 PM] |
| Filing 4 Filed Appellant James Denson motion to extend time to comply with the order dated 08/05/2019. Deficiencies: None. Served on 08/23/2019. [11415530] (QDL) [Entered: 08/29/2019 02:16 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): On June 7, 2018, the district court denied the request for a certificate of appealability. Accordingly, the previously established briefing schedule is vacated. This court will rule on the request for a certificate of appealability in a later order. At that time, any pending motions will be addressed, and a new briefing schedule will be set, if appropriate. The district courts post-judgment order was entered on the docket on May 16, 2019. Appellants notice of appeal was delivered to prison officials on July 18, 2019, and received by the district court on July 24, 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 60 days after entry of the district courts order. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B), 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 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. [11387253] (CKP) [Entered: 08/05/2019 01:53 PM] |
| Filing 2 Filed Appellant James Denson motion to proceed In Forma Pauperis. Deficiencies: None. Served on 07/24/2019. [11380943] (RT) [Entered: 07/30/2019 11:04 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 Denson opening brief due 09/24/2019. Appellee David Shinn, Warden answering brief due 10/24/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11380934] (RT) [Entered: 07/30/2019 11:01 AM] |
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| Respondent / appellee: DAVID SHINN, Warden | |
| Represented By: | Bradley Edward Marrett |
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| Petitioner / appellant: JAMES DENSON | |
| Represented By: | James Denson |
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