Eric Dale v. Brian Williams, et al
| ERIC L. DALE |
| ATTORNEY GENERAL FOR THE STATE OF NEVADA and BRIAN E. WILLIAMS |
| 20-16839 |
| September 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed order (Deputy Clerk: TSP) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 09/24/2020), This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11864270] (TSP) [Entered: 10/19/2020 03:42 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: AC): A review of the record suggests that this court may lack jurisdiction over the appeal because the August 20, 2020 order does not appear final or appealable under 28 U.S.C. 1291. Appellants cite 28 U.S.C. 1292(b) in the notice of appeal, but appellants did not file a timely petition for permission to appeal the August 20, 2020 order in this court. See 28 U.S.C. 1292(b) (a party must seek permission to appeal in this court within ten days after the entry of the order being challenged); In re Benny, 812 F.2d 1133, 1136 (9th Cir. 1987) (The timely filing of a petition for leave to appeal following district court certification pursuant to 28 U.S.C. 1292(b) is jurisdictional.). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [11835541] (WL) [Entered: 09/24/2020 11:19 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellants Attorney General for the State of Nevada and Brian E. Williams opening brief due 11/25/2020. Appellee Eric L. Dale answering brief due 12/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11833251]--[Edited: attached correct case opening packet. 09/22/2020 by SLM] (RT) [Entered: 09/22/2020 03:15 PM] |
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