Steven Miller v. Albert Najera, et al
MEZA, RICK HILL, Warden, Fresno County Captain of Detention, GEORGE LAIRD, Ph.D., FRESNO COUNTY JAIL, EDWARD MORENO, ALBERT NAJERA, DIRECTOR OF FCDHP, MIMS, Fresno County Sheriff, GUITERREZ, Attorney, FRESNO COUNTY DEPARTMENT OF PUBLIC HEALTH, FRESNO COUNTY, PRATAP NARAYEN and UNITED STATES MARSHAL |
STEVEN R. MILLER |
20-17348 |
December 2, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.
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Filing 4 Filed clerk order (Deputy Clerk: CO): The court has received and reviewed appellants response to this courts December 17, 2020 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on November 17, 2020, 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), (c)(1). Accordingly, the order to show cause is discharged. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The opening brief is due March 5, 2021. Because there are no appearances by appellees, briefing will be completed upon the filing of the opening brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. The Clerk shall send a prisoner authorization form to appellant along with this order. [11980035] (CKP) [Entered: 01/25/2021 12:54 PM] |
Filing 3 Filed Appellant Steven R. Miller response to order to show cause. [11954833] (JFF) [Entered: 01/06/2021 04:11 PM] |
Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on September 18, 2020. Appellants notice of appeal was delivered to prison officials on November 18, 2020, and received by the district court on November 30, 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 60 days after entry of the district courts judgment. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B); 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending disposition of this order to show cause. [11931539] (CKP) [Entered: 12/17/2020 01:35 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 Steven R. Miller opening brief due 01/29/2021. [11912280] (JPD) [Entered: 12/02/2020 10:29 AM] |
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