Relmon Davis, III v. Gibson, et al
| GIBSON, Warden, official capacity, GOVERNMENT CLAIMS PROGRAM, official capacity, CHIEF INMATE APPEALS BRANCH DCR, Third level Appeals review staff, official capacity and DAVE DAVEY, Warden, Warden, official capacity |
| RELMON H. DAVIS III |
| 20-17069 |
| October 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 MANDATE ISSUED. (RRC, SSI and KKL) [11925733] (QDL) [Entered: 12/14/2020 09:27 AM] |
| Filing 6 Filed order (RICHARD R. CLIFTON, SANDRA S. IKUTA and KENNETH K. LEE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on October 6, 2020 and filed on October 9, 2020, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on August 13, 2020. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11900453] (JBS) [Entered: 11/20/2020 08:36 AM] |
| Filing 5 Received original and 0 copies of Appellant Relmon H. Davis, III opening brief of 8 pages (Informal: Yes). Served on 10/27/2020. Major deficiency: motion for appointment of counsel pending. [11877658] (SML) [Entered: 10/30/2020 03:41 PM] |
| Filing 4 Filed Appellant Relmon H. Davis, III motion for appointment of counsel. Deficiencies: None. Served on 10/27/2020. [11877289] (QDL) [Entered: 10/30/2020 01:48 PM] |
| Filing 3 Filed Appellant Relmon H. Davis, III response to order to show cause dated 10/20/2020. Served on 10/27/2020. [11877284] (QDL) [Entered: 10/30/2020 01:47 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on August 13, 2020. Appellants motion for expedited review was filed in the district court as a notice of appeal, resulting in the opening of this appeal No. 20-17069. Appellants notice of appeal was delivered to prison officials on October 6, 2020, and received by the district court on October 9, 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 August 13, 2020 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). 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 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. [11865587] (CKP) [Entered: 10/20/2020 01:26 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Relmon H. Davis III opening brief due 12/08/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11863979] (JPD) [Entered: 10/19/2020 02:35 PM] |
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