Allen Hammler v. Scott Kernan, et al
| NEVAREZ, C/O, P. CORTEZ, Cor. Counselor (CC2), DANIEL PARAMO, Warden, Warden of RJD/SP, ARMENTA, SCOTT KERNAN, Secretary of CDCR and J. DIES, Correctional Officer (C/O) |
| ALLEN HAMMLER |
| 20-55307 |
| March 23, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (MHM, JBO and MJB) [11691694] (CW) [Entered: 05/15/2020 07:45 AM] |
| Filing 2 Filed order (MARY H. MURGUIA, JOHN B. OWENS and MARK J. BENNETT): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated March 15, 2020 and filed on March 19, 2020, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on December 10, 2018 or the post-judgment order entered on May 7, 2019. 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). We cannot treat the statement in appellants notice of appeal that he did not receive the district courts post-judgment order 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. [11670225] (AF) [Entered: 04/23/2020 04:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Allen Hammler opening brief due 05/18/2020. [11638601] (JPD) [Entered: 03/23/2020 12:40 PM] |
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