Tonney Killensworth v. D. Godfrey, et al
| B. LEGIER, R. AGUIRRE, D. GODFREY and G. MARSHALL |
| TONNEY KILLENSWORTH |
| 20-55784 |
| August 3, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) A review of the record and appellants response to the August 5, 2020 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on July 27, 2020 and filed on July 31, 2020, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on June 1, 2020. 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); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motion [11828088] (JPD) [Entered: 09/17/2020 03:31 PM] |
| Filing 7 Filed Appellant Tonney Killensworth response to order to show cause. [11791572] (NAC) [Entered: 08/17/2020 01:10 PM] |
| Filing 6 Received original and 0 copies of Appellant Tonney Killensworth opening brief of 6 pages (Informal: Yes). Served on 08/10/2020. Major deficiency: briefing is stayed. [11789676] (LA) [Entered: 08/14/2020 12:48 PM] |
| Filing 5 Filed Appellant Tonney Killensworth motion for granting counsel and complaint. Deficiencies: None. [11788093] (NAC) [Entered: 08/13/2020 01:58 PM] |
| Filing 4 Filed Appellant Tonney Killensworth motion to proceed In Forma Pauperis. Deficiencies: None. [11788087] (NAC) [Entered: 08/13/2020 01:57 PM] |
| Filing 3 Filed Appellant Tonney Killensworth motion to appoint pro bono counsel. Deficiencies: None. [11788083] (NAC) [Entered: 08/13/2020 01:56 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on June 1, 2020. Appellants notice of appeal was delivered to prison officials on July 27, 2020, and received by the district court on July 31, 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). 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 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. [11778305] (CKP) [Entered: 08/05/2020 12:16 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 Tonney Killensworth opening brief due 09/29/2020. [11774617] (JMR) [Entered: 08/03/2020 10:41 AM] |
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