Lawrence Davis v. Steven Owens, et al
| DOUGLAS SMITH, Judge, JUSTIN GLASGOW and STEVEN S. OWENS, Chief Deputy DA |
| LAWRENCE H. DAVIS |
| 20-16196 |
| June 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on February 20, 2020. Appellants undated notice of appeal was received by the district court on June 18, 2020. 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). The record reflects that appellant has not filed a motion in the district court to extend or reopen time for appeal and that the notice of appeal was due during the COVID-19 public health crisis. See Fed R. App. P. 4(a)(5), (6); Fed. R. Civ. P. 6. Within 60 days after the date of this order, appellant must move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11732127] (CKP) [Entered: 06/24/2020 11:52 AM] |
| 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 Lawrence H. Davis opening brief due 08/17/2020. [11727182] (JMR) [Entered: 06/19/2020 09:05 AM] |
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