Darryl Dunsmore v. Michael Martel
| DARRYL LEE DUNSMORE |
| MICHAEL MARTEL, Warden |
| 20-55833 |
| August 14, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) A review of the record and appellants response to this courts August 19, 2020 demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on August 8, 2020 and filed on August 12, 2020, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on January 31, 2018. 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). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [11828755] (WL) [Entered: 09/18/2020 09:26 AM] |
| Filing 5 Filed Appellant Darryl Lee Dunsmore response to order to show cause. [11818023] (JFF) [Entered: 09/09/2020 03:38 PM] |
| Filing 4 Filed Appellant Darryl Lee Dunsmore motion to extend t Deficiencies: None. [11818020] (JFF) [Entered: 09/09/2020 03:37 PM] |
| Filing 3 Filed Appellant Darryl Lee Dunsmore motion to proceed In Forma Pauperis. Deficiencies: None. [11804099] (JFF) [Entered: 08/26/2020 04:42 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on January 31, 2018. Appellants notice of appeal was delivered to prison officials on August 8, 2020, and received by the district court on August 12, 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). If appellant intended to file his notice of appeal in a different district court docket, appellant must specify the district court docket number. 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 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11794687] (CKP) [Entered: 08/19/2020 10:33 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11789822] (JMR) [Entered: 08/14/2020 02:00 PM] |
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| Petitioner / appellant: DARRYL LEE DUNSMORE | |
| Represented By: | Darryl Lee Dunsmore |
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| Respondent / appellee: MICHAEL MARTEL, Warden | |
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