Eugene Brown v. S. Winn-Reed, et al
| RALPH DIAZ, Secretary, Department of Corrections and Rehabilitation, M. VOONG, Chief, Office of Appeals at Headquarters, Sacramento, J. HARRIS, Captain, Mailroom at Sierra Conservation Center, H.B. ANGELINA, Warden at Sierra Conservation Center, P. EATON, Associate Warden at Sierra Conservation Center, S. WINN-REED, Mailroom Manager at Sierra Conservation Center, N. FRANSHAM, Chief at Headquarter, Sacramento and P. QUINN, Chief Deputy Warden at Sierra Conservation Center |
| EUGENE CARLTON BROWN |
| 20-15376 |
| March 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [11655555] (CKP) [Entered: 04/08/2020 02:25 PM] |
| Filing 6 Received copy of District Court order filed on 04/07/2020 regarding in forma pauperis status on appeal. [11654762] (QDL) [Entered: 04/07/2020 04:57 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): The court has received and reviewed appellants response to this courts March 13, 2020 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on February 10, 2020, 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), (c)(1). Accordingly, the order to show cause is discharged. The opening brief is due June 4, 2020. Because there is no appearance by appellee, briefing will be completed upon the filing of the opening brief. [11652871] (CKP) [Entered: 04/06/2020 02:49 PM] |
| Filing 4 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11652732] (CKP) [Entered: 04/06/2020 02:08 PM] |
| Filing 3 Filed Appellant Eugene Carlton Brown response to order to show cause dated 03/13/2020. Served on 03/25/2020. [11650121] (QDL) [Entered: 04/02/2020 02:05 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on January 24, 2020. Appellants notice of appeal from that judgment was dated February 10, 2020, but was not filed until March 4, 2020. 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). The notice of appeal did not attach a proof of service. 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). 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. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [11629199] (JMR) [Entered: 03/13/2020 11:16 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Eugene Carlton Brown opening brief due 05/04/2020. [11619359] \ (JPD) [Entered: 03/05/2020 12:20 PM] |
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