Correy Mitchell v. G. Hopper, et al
| CORREY MITCHELL |
| G. HOPPER, L.T. ,Correctional Officer of the California Department of Corrections, A. DANIAL, Correctional Officer of the California Department of Corrections, LUNA, Badge #81037, Correctional Officer of the California Department of Corrections and S. LEAL |
| 20-56018 |
| October 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed (ECF) Appellees A. Danial, G. Hopper and Deputy Luna response to order to show cause dated 10/06/2020. Date of service: 11/05/2020. [11883034] [20-56018] (Crenshaw, Lyndsay) [Entered: 11/05/2020 11:56 AM] |
| Filing 3 Filed Appellant Correy Mitchell statement why appeal should not be dismissed.. [11871990] (RR) [Entered: 10/26/2020 03:11 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on August 25, 2020. Appellants notice of appeal was received by the district court on September 30, 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). 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. [11849537] (CKP) [Entered: 10/06/2020 02:44 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Correy Mitchell opening brief due 11/30/2020. Appellees G. Hopper, et al. answering brief due 12/29/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11845908] (JPD) [Entered: 10/02/2020 02:30 PM] |
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