Johnny Moore v. S. Hatton, et al
| JOHNNY ANDREW MOORE |
| M. BITER, S. HATTON, KIERNON, J. LEWIS, K. HOFFMAN and M. ATCHLEY |
| 20-16701 |
| September 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Received original and 0 copies of Appellant Johnny Andrew Moore opening brief of 14 pages (Informal: No). Served on 10/14/2020. Major deficiency: briefing is stayed. [11861425] (LA) [Entered: 10/16/2020 10:44 AM] |
| Filing 6 Filed (ECF) Appellees S. Hatton, M. Atchley, K. Hoffman, J. Lewis, Kiernon and M. Biter reply to response to order to show cause dated 09/25/2020. Date of service: 09/25/2020. [11837358] [20-16701] (Padua, Alexander) [Entered: 09/25/2020 02:25 PM] |
| Filing 5 Attorney Neculai Catalin Grecea substituted by Attorney Alexander Padua in 20-16701 [11837337] (CW) [Entered: 09/25/2020 02:18 PM] |
| Filing 4 Filed (ECF) notice of appearance of Alexander Padua (Attorney General's Office 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004) for Appellees S. Hatton, M. Atchley, K. Hoffman, J. Lewis, Kiernon and M. Biter. Substitution for Attorney Mr. Neculai Catalin Grecea, Esquire for Appellees M. Atchley, M. Biter, S. Hatton, K. Hoffman, Kiernon and J. Lewis. Date of service: 09/25/2020. (Party was previously proceeding pro se.) [11837190] [20-16701] (Padua, Alexander) [Entered: 09/25/2020 01:10 PM] |
| Filing 3 Filed Appellant Johnny Andrew Moore response to order to show cause. Served on 09/15/2020. [11829712] (CW) [Entered: 09/18/2020 03:47 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on June 26, 2018. Appellants notice of appeal was delivered to prison officials on August 26, 2020, and received by the district court on September 1, 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). Appellants notice of appeal does not appear to challenge the district courts August 10, 2020 order. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. 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 the court. [11812595] (CKP) [Entered: 09/03/2020 02:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Johnny Andrew Moore opening brief due 11/02/2020. Appellees M. Atchley, M. Biter, S. Hatton, K. Hoffman, Kiernon and J. Lewis answering brief due 11/30/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11810998] (JMR) [Entered: 09/02/2020 01:42 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
