Roxanne Ari v. The People

Roxanne Ari v. The People

Respondent / Appellee:	THE PEOPLE
Petitioner / Appellant:	ROXANNE ARI
Case Number:	21-15227
Filed:	February 9, 2021
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 22, 2021	Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts post-judgment order was entered on the docket on December 15, 2020. Appellants notice of appeal was delivered to prison officials on January 29, 2021, and received by the district court on February 5, 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 order. 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. [12010805] (CKP) [Entered: 02/21/2021 04:59 PM]
February 9, 2021	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11998118] (RT) [Entered: 02/09/2021 02:51 PM]

Date Filed

Document Text

February 22, 2021

Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts post-judgment order was entered on the docket on December 15, 2020. Appellants notice of appeal was delivered to prison officials on January 29, 2021, and received by the district court on February 5, 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 order. 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. [12010805] (CKP) [Entered: 02/21/2021 04:59 PM]

February 9, 2021

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. (Electronic: PACER) [11998118] (RT) [Entered: 02/09/2021 02:51 PM]

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Respondent / appellee: THE PEOPLE
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Petitioner / appellant: ROXANNE ARI
Represented By:	Roxanne Ari
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