David Getzen v. J. Barby, et al
| J. MATTOX, A. RUSSELL, CAROL KENNEDY, SHELA SULLIVAN POLK, M. PERRY, J. LEEDHAM, MICHAEL BLUFF, T. SWAIN, JANE N . JONE, TINA AMILEY, J. BARBY, YCSO, COUNTY OF COCONINO, COUNTY OF YAVAPAI, B. CARRILLO, N. HENDERSON, E. STOVER, BRIAN S. HEG and SCOTT MARSCHER |
| DAVID GETZEN |
| 20-17243 |
| November 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 11/18/2020). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11963638] (CKP) [Entered: 01/14/2021 11:02 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on August 31, 2020. Appellants notice of appeal was dated November 1, 2020, and received by the district court on November 12, 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). 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. [11897699] (CKP) [Entered: 11/18/2020 12:57 PM] |
| 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 David Getzen opening brief due 01/11/2021. [11894739] (JPD) [Entered: 11/16/2020 04:18 PM] |
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