Ismael Padilla v. Lorie Davis, et al
| LORIE DAVIS and GIVINGS |
| ISMAEL L. PADILLA |
| 20-15091 |
| January 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 Filed order (WILLIAM C. CANBY, RONALD M. GOULD and PAUL J. WATFORD) : A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on December 22, 2019 and filed on January 6, 2020, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on June 11, 2019. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11613340] (RT) [Entered: 02/28/2020 03:21 PM] |
| Filing 4 Received copy of motion filed in district court re: to proceed In Forma Pauperis. Motion filed by Appellant Ismael L. Padilla. [11600530] (NAC) [Entered: 02/18/2020 03:22 PM] |
| Filing 3 Received Appellant Ismael L. Padilla request for copy of FRAP Rules; docket sheet, and documents. (Sent copy of requested documents 02/10/2020) [11591545] (NAC) [Entered: 02/10/2020 01:48 PM] |
| Filing 2 Filed Appellant Ismael L. Padilla motion to proceed In Forma Pauperis. Deficiencies: None. Served on 12/22/2019. (Motion within Notice of Appeal) [11570525] (HC) [Entered: 01/22/2020 02:16 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Ismael L. Padilla opening brief due 03/06/2020. (No appearance for Appellees, no answering brief deadlines set) [11570512] (HC) [Entered: 01/22/2020 02:11 PM] |
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