Charles Allen v. A. Booth, et al
| RALPH M. DIAZ, Acting Secretary for the California Department of Corrections and Rehabilitation, A. BOOTH, Correctional Officer and W. L. MONTGOMERY, Acting Warden |
| CHARLES EDWARD ALLEN |
| 20-56309 |
| December 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 7 Filed Appellant Charles Edward Allen FORM 28 response to motion or court order. No service date. [11968533] (RL) [Entered: 01/19/2021 04:05 PM] |
| Filing 6 Received original and 1 copies of Appellant Charles Edward Allen opening brief of 9 pages (Informal: Yes). Served on 01/10/2021. Major deficiency: briefing is stayed (IFP and appointment of counsel motions pending). [11967723] (KWG) [Entered: 01/19/2021 12:00 PM] |
| Filing 5 Filed Appellant Charles Edward Allen motion to appoint pro bono counsel. Deficiencies: None. [11946425] (NAC) [Entered: 12/28/2020 03:21 PM] |
| Filing 4 Filed Appellant Charles Edward Allen motion to proceed In Forma Pauperis. Deficiencies: None. [11946423] (NAC) [Entered: 12/28/2020 03:20 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on September 24, 2020. Appellants notice of appeal was dated December 3, 2020, and received by the district court on December 8, 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. [11931407] (CKP) [Entered: 12/17/2020 12:33 PM] |
| Filing 2 Received copy of amended notice of appeal from district court, filed 12/8/20 [11930282] (CW) [Entered: 12/16/2020 03:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Charles Edward Allen opening brief due 02/08/2021. [11920099] (JBS) [Entered: 12/09/2020 11:10 AM] |
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