Lewis McDaniel v. Charles Ryan, et al
| RICHARD PRATT, Interim Health Service Director and CHARLES L. RYAN |
| LEWIS MCDANIEL |
| CORIZON, Provider of Medical Care |
| 20-15929 |
| May 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (SUSAN P. GRABER and RYAN D. NELSON) The district court entered a final judgment on August 20, 2019. Appellant filed a motion for reconsideration on September 16, 2019, which the district court denied on October 15, 2019. On April 10, 2020, appellant filed a second motion for reconsideration, which did not toll the time to appeal from the final judgment. See Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). The district court denied appellants second motion for reconsideration on April 28, 2020. Appellant filed a notice of appeal on May 14, 2020. Appellants notice of appeal was not filed or delivered to prison officials within 30 days after entry of the August 20, 2019 judgment or the October 15, 2019 post-judgment order. However, appellants notice of appeal is timely as to the district courts April 28, 2020 post-judgment order. See Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). Accordingly, appellees motion to dismiss this appeal for lack of jurisdiction [ # 5 ] is denied. The scope of this appeal is limited to a review of that order. A review of the docket reflects that appellant has failed to respond to the courts May 18, 2020 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 60 days after the date of this order, appellant shall comply with the May 18, 2020 order. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing is stayed pending further order of the court. The Clerk shall send a copy of the May 18, 2020 order to appellant along with this order. [11736842] (CKP) [Entered: 06/29/2020 03:04 PM] |
| Filing 5 Filed (ECF) Appellee Corizon Motion to dismiss the case. Date of service: 06/16/2020. [11723633] [20-15929] (Bustos, Rita) [Entered: 06/16/2020 01:30 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11693533] (CKP) [Entered: 05/18/2020 10:48 AM] |
| Filing 3 Attorney Anthony J. Fernandez in 20-15929 substituted by Attorney Rita Bustos in 20-15929 [11692701] (QDL) [Entered: 05/15/2020 03:09 PM] |
| Filing 2 Filed (ECF) notice of appearance of Rita J. Bustos (Quintairos, Prieto, Wood & Boyer, P.A. 2390 E. Camelback Road Phoenix, AZ 85016) for Appellee Corizon. Substitution for Attorney Anthony J. Fernandez for Appellee Corizon. Date of service: 05/15/2020. (Party was previously proceeding with counsel.) [11692693] [20-15929] (Bustos, Rita) [Entered: 05/15/2020 03:08 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Lewis McDaniel opening brief due 07/13/2020. Appellee Corizon answering brief due 08/12/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11691861] (JMR) [Entered: 05/15/2020 09:34 AM] |
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