Fernando Delgado v. Raymond Madden
| FERNANDO DELGADO |
| RAYMOND MADDEN, Warden |
| 20-56029 |
| October 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed Appellant Fernando Delgado letter dated 11/20/2020 re: request for inmate interview form. Paper filing deficiency: None. [11908120] (CW) [Entered: 11/27/2020 04:10 PM] |
| Filing 5 Filed declaration of Gabriel Huerta in support of Appellant Fernando Delgado. [11906548] (RR) [Entered: 11/25/2020 12:00 PM] |
| Filing 4 Filed (ECF) Appellee Raymond Madden response to order to show cause dated 11/06/2020. Date of service: 11/05/2020. [11882624] [20-56029] (Webster, Nicholas) [Entered: 11/05/2020 07:48 AM] |
| Filing 3 Filed Appellant Fernando Delgado statement why appeal should not be dismissed for lack of jurisdiction. [11874442] (RR) [Entered: 10/28/2020 01:51 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on August 21, 2020. Appellants notice of appeal was received by the district court on October 2, 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. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. The Clerk shall serve a Form 4 financial affidavit on appellant. 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. [11850971] (CKP) [Entered: 10/07/2020 01:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Fernando Delgado opening brief due 12/01/2020. Appellee Raymond Madden, Warden answering brief due 12/31/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11849097] (OC) [Entered: 10/06/2020 11:47 AM] |
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| Petitioner / appellant: FERNANDO DELGADO | |
| Represented By: | Fernando Delgado |
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| Respondent / appellee: RAYMOND MADDEN, Warden | |
| Represented By: | Nicholas Webster |
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