Richard Evans v. Suisun Police Department, et al
| SUISUN POLICE DEPARTMENT, STEPHEN BROWN, Officer, LISA CARLOCK, Officer and BRYAN HAMILTON, Officer |
| RICHARD A. EVANS |
| 20-16912 |
| October 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed clerk order (Deputy Clerk: CO): Appellants motion for an extension of time [ # 3 ] to respond to this courts October 6, 2020 order is granted. Appellant shall file a response on or before December 7, 2020. Failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. [11886904] (CKP) [Entered: 11/09/2020 02:58 PM] |
| Filing 3 Filed Appellant Richard A. Evans motion to extend time to comply with the order dated 10/06/2020. Deficiencies: None. Served on 10/28/2020. [11882585] (CW) [Entered: 11/05/2020 07:07 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on August 7, 2018. The district courts order denying appellants post-judgment motions was entered on the docket on June 24, 2019. Appellants notice of appeal was not dated, but was not filed until September 30, 2020. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment or the post-judgment order. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). 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. [11848616] (CKP) [Entered: 10/06/2020 09:05 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 Richard A. Evans opening brief due 12/02/2020. [11845179] (RT) [Entered: 10/02/2020 09:57 AM] |
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