Rochelle Bailey v. Constitution Life Insurance Co, et al
| DOES, 1 through 10, inclusive, CONSTITUTION LIFE INSURANCE COMPANY, NATIONAL EXECUTIVE FUND LIFE INSURANCE COMPANY and PENNCORP FINANCIAL |
| ROCHELLE BAILEY |
| 20-55645 |
| June 23, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Received copy of District Court order filed on 07/09/2020. [11748563] (JFF) [Entered: 07/10/2020 10:55 AM] |
| Filing 4 Filed Appellant Rochelle Bailey motion to proceed In Forma Pauperis. Deficiencies: None. [11744704] (JFF) [Entered: 07/07/2020 02:15 PM] |
| Filing 3 Mail returned on 07/01/2020 addressed to Rochelle Bailey, re: 06/24/2020 order [ # 2 ]. Returned envelope notes: return to sender, not deliverable as addressed, unable to forward. Resending to: 6810 Ginger Lane, Fontana, CA 92336. [11741488]--[Edited: address updated. 07/02/2020 by SLM] (LA) [Entered: 07/02/2020 04:54 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on March 25, 2020. Appellants notice of appeal was filed in the district court on June 22, 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). 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. A review of appellants notice of appeal reflects that appellant may be challenging a California state court decision. If appellant wishes to challenge a state court decision, she must re-file her notice of appeal with the appropriate state court. 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. [11732226] (CKP) [Entered: 06/24/2020 12:42 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Rochelle Bailey opening brief due 08/21/2020. Appellees Constitution Life Insurance Company, Does, National Executive Fund Life Insurance Company and PennCorp Financial answering brief due 09/21/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11730950] (JBS) [Entered: 06/23/2020 02:17 PM] |
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