Joseph Neale, Jr. v. Stu Sherman, et al
| STU SHERMAN, N. KANDKHOROVA, MD and NKIRUKA AKABIKE, MD |
| JOSEPH LOUIS NEALE, Jr. |
| 20-16082 |
| June 3, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on March 23, 2020. Appellants notice of appeal was not filed in the district court until June 2, 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). Appellants notice of appeal was not dated and did not include a proof of service. 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). 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. [11755450] (CKP) [Entered: 07/16/2020 01:53 PM] |
| Filing 4 Filed Appellant Joseph Louis Neale, Jr. motion for appointment of counsel. Deficiencies: None. Served on 06/29/2020. [11744963] (QDL) [Entered: 07/07/2020 03:35 PM] |
| Filing 3 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to his letter of request filed on 06/22/2020. [11729804] (JR) [Entered: 06/22/2020 04:25 PM] |
| Filing 2 Filed Appellant Joseph Louis Neale, Jr. FORM 29 Request for copy of rules. Paper filing deficiency: None. [11729788] (QDL) [Entered: 06/22/2020 04:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Joseph Louis Neale Jr. opening brief due 08/03/2020. [11709345] (JPD) [Entered: 06/03/2020 09:09 AM] |
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