Gabriel Eckard v. Jamie Kane, et al
| GABRIEL ECKARD, AKA Gabriel Allen Eckard |
| JAMIE KANE, Deputy Snohomish County Jail and KEVIN YOUNG, Deputy Snohomish County Jail |
| 20-35554 |
| June 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on April 28, 2020. Appellants notice of appeal was delivered to prison officials on June 11, 2020, and received by the district court on June 15, 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). The record reflects that appellant has not filed a motion in the district court to extend or reopen time for appeal and that the notice of appeal was due during the COVID-19 public health crisis. See Fed R. App. P. 4(a)(5), (6); Fed. R. Civ. P. 6. Within 60 days after the date of this order, appellant must 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, a response may be filed within 10 days after service of the memorandum. 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 further order of the court. [11732071] (CKP) [Entered: 06/24/2020 11:25 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Gabriel Eckard opening brief due 08/14/2020. Appellees Jamie Kane and Kevin Young answering brief due 09/14/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11727289] (JBS) [Entered: 06/19/2020 09:44 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
