James Berryman v. C. Keeton
| C. KEETON, Warden |
| JAMES BERRYMAN |
| 19-55927 |
| August 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed Appellant James Berryman resubmitted motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 09/23/2019. [11451686] (RR) [Entered: 10/02/2019 01:57 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): Appellants motion for voluntary dismissal [ # 4 ] is denied because the motion appears to request dismissal without prejudice. If appellant seeks voluntary dismissal of this appeal, the motion must request dismissal with prejudice. Within 21 days of this order, appellant may file a renewed motion for voluntary dismissal requesting dismissal with prejudice. If a renewed motion is not filed, appellant remains obligated to comply with the August 13, 2019 order to show cause by filing a response within 21 days after the date of this order. [11430969] (CKP) [Entered: 09/13/2019 12:04 PM] |
| Filing 4 Filed Appellant James Berryman motion to dismiss case pursuant to FRAP 42(b). Deficiencies: No proof of service [11428505] (RR) [Entered: 09/11/2019 02:24 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on April 22, 2019. Appellants notice of appeal was delivered to prison officials on July 22, 2019, and received by the district court on July 25, 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 judgment. 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). 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. Briefing is suspended pending further order of the court. [11395927] (CKP) [Entered: 08/13/2019 01:23 PM] |
| Filing 2 Received copy of District Court order filed on 08/08/2019. COA denied. [11393976] (RR) [Entered: 08/12/2019 10:45 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11390391] (OC) [Entered: 08/07/2019 03:43 PM] |
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| Respondent / appellee: C. KEETON, Warden | |
| Represented By: | Paul S. Thies Esquire |
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| Petitioner / appellant: JAMES BERRYMAN | |
| Represented By: | James Berryman |
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