Melike Dewey v. UC Regents, et al
| TRISHA WONG, ERIC FIFER, MATTHEW AUGUSTINE, STEPHANIE PERALTA, REGENTS OF THE UNIVERSITY OF CALIFORNIA, UC Davis, MARIBETH KANE, DONALD DUDLEY and NIELS GRONBECH-JENSEN |
| MELIKE DEWEY |
| 20-17407 |
| December 11, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 9 Received copy of motion filed in United District Court Eastern District of California re: Complaint. Motion filed by Appellant Melike Dewey. (Mandate issued) [12290452] (RL) [Entered: 11/17/2021 02:22 PM] |
| Filing 8 MANDATE ISSUED. (MDS, BSB and PJB) [12063003] (DJV) [Entered: 04/05/2021 08:31 AM] |
| Filing 7 Filed order (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY): A review of the record and appellants response to this courts December 14, 2020 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the December 8, 2020 notice of appeal was not filed within 30 days after the district court's judgment entered on November 23, 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). Appellants January 15, 2021 response to the order to show cause states that appellant did not receive the judgment until November 23, 2020. This court cannot construe appellants statement as a motion to reopen the time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(6)(B) (motion must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); see also 28 U.S.C. 2107(c). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12039636] (AF) [Entered: 03/12/2021 01:27 PM] |
| Filing 6 Filed Appellant Melike Dewey response to January 6, 2021 order. Served on 01/12/2021. [11965976] (RL) [Entered: 01/15/2021 01:47 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: MF): Appellants response to this courts December 14, 2020 order to show cause states that he did not receive the district courts judgment in a timely manner. Appellant does not, however, state the date he received the district courts judgment. Within 21 days after the date of this order, appellant shall file a statement attesting to the date when he received the district courts judgment. Briefing remains suspended. [11954314] (CKP) [Entered: 01/06/2021 12:04 PM] |
| Filing 4 Filed Appellant Melike Dewey response to order to show cause. Served on 12/18/2020. [11944919] (RL) [Entered: 12/24/2020 11:14 AM] |
| Filing 3 Received copy of amended notice of appeal from district court filed 12/10/20. [11928470] (CW) [Entered: 12/15/2020 01:51 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on November 6, 2020. Appellants notice of appeal was filed in the district court on December 8, 2020. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed 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). 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. [11927143] (CKP) [Entered: 12/14/2020 04:39 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 Melike Dewey opening brief due 02/08/2021. [11923940] (JBS) [Entered: 12/11/2020 09:46 AM] |
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