Aracely Hernandez, et al v. Robert Snider, et al
| GLORIA SELEEN and TERESA TORRES |
| D. BROWN, S. SHELTON, Dr. and ROBERT SNIDER, Dr. |
| ARACELY HERNANDEZ, Individually and On Behalf of a Class of Others Similarly Situated |
| 20-35014 |
| January 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ARACELY HERNANDEZ V. ROBERT SNIDER |
Docket Report
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This docket was last retrieved on March 4, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Filed (ECF) Appellees Robert Snider, S. Shelton and D. Brown response to order to show cause dated 03/02/2020. Date of service: 03/04/2020. [11618019] [20-35014] (Fjordbeck, Denise) [Entered: 03/04/2020 01:24 PM] |
| Filing 6 Filed Appellant Aracely Hernandez response to order to show cause, mtn to proceed ifp. Served on 02/19/2020. [11615820] (CW) [Entered: 03/03/2020 07:45 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on June 24, 2019. Appellants notice of appeal was dated December 23, 2019, received by this court on January 2, 2020, and received by the district court on January 9, 2020. See Fed. R. App. P. 4(d). 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). Appellants notice of appeal and accompanying declaration state that she submitted an earlier notice of appeal on or about July 12, 2019. This notice of appeal does not appear on the district courts docket and this court does not have a record of receiving it. 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 elects to show cause, appellant should include in her response a completed Form 33 and a copy of the notice of appeal she attests she submitted on or about July 12, 2019, if a copy is available, or other evidence, such as appellants prison mail log. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. 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. The Clerk shall serve a Form 33 on appellant along with this order. [11591441] (CKP) [Entered: 02/10/2020 12:55 PM] |
| Filing 4 Terminated Michael R. Washington for Robert Snider, S. Shelton and D. Brown in 20-35014 [11565434] (QDL) [Entered: 01/16/2020 04:10 PM] |
| Filing 3 Attorney Jessica B. Spooner in 20-35014 substituted by Attorneys Denise Gale Fjordbeck in 20-35014. [11565423] (QDL) [Entered: 01/16/2020 04:08 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Robert Snider, S. Shelton and D. Brown. Substitution for Jessica B. Spooner for Appellees D. Brown, S. Shelton and Robert Snider and Michael R. Washington for Appellees D. Brown, S. Shelton and Robert Snider. Date of service: 01/16/2020. (Party was previously proceeding with counsel.) [11565324] [20-35014] (Fjordbeck, Denise) [Entered: 01/16/2020 03:31 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 02/10/2020. Transcript due 03/09/2020. Appellant Aracely Hernandez opening brief due 04/20/2020. Appellees D. Brown, S. Shelton and Robert Snider answering brief due 05/20/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11556785] (RT) [Entered: 01/09/2020 01:50 PM] |
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