Louis Holger, et al v. State of Alaska, Inc., et al
| JULIE ANN, D-K, JOHN WESLEY, AW and CR |
| LOUIS HOLGER |
| JONATHAN A. WOODMAN, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, INC., SHANNA R. JOHNSTON, WILLIAM MARTIN WALKER, OFFICE OF THE ATTORNEY GENERAL, INC., STATE OF ALASKA, INC., OFFICE OF CHILDREN'S SERVICES, INC., ALASKA BAR ASSOCIATION, INC., ALASKA COURT SYSTEM, INC. and MORGAN BRADFORD |
| 20-35966 |
| November 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed order (Appellate Commissioner): A review of the record reflects that the district courts judgment was entered on April 10, 2018. Appellant filed a motion for relief from judgment on September 14, 2020. The district court denied the motion for relief from judgment on October 9, 2020. Because the notice of appeal filed on November 4, 2020 was not filed within 30 days after the judgment entered on April 10, 2020, this appeal is limited in scope to a review of the district courts October 9, 2020 post-judgment order. See United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). A review of the record reflects that this appeal of the district courts October 9, 2020 post-judgment order may be frivolous. This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), OR (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss this appeal or statement that the appeal should go forward. (Pro Se) [11914431] (CKP) [Entered: 12/03/2020 03:27 PM] |
| Filing 3 Filed Appellant Louis Holger FORM 4 motion and affidavit for permission to proceed In Forma Pauperis. Deficiencies: None. Served on 11/22/2020. [11910965] (RL) [Entered: 12/01/2020 12:04 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11888431] (CKP) [Entered: 11/10/2020 01:02 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 Louis Holger opening brief due 01/04/2021. [11887006] (JPD) [Entered: 11/09/2020 03:23 PM] |
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