Dru Snyder v. David Shinn, et al
| DAVID SHINN, Director and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| DRU JACOB SNYDER |
| 21-15176 |
| February 1, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed Appellant Dru Jacob Snyder motion to clarify order. Deficiencies: None. Served on 02/18/2021. [12012194] (QDL) [Entered: 02/22/2021 02:57 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on December 15, 2020. Appellants notice of appeal was delivered to prison officials on January 21, 2021, and received by the district court on January 25, 2021. 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); see also Fed. R. App. P. 4(a)(5). 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. [11993024] (CKP) [Entered: 02/04/2021 01:59 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11988015] (JMR) [Entered: 02/01/2021 12:06 PM] |
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