Aimee O'Neil v. State of New York
| STATE OF NEW YORK, Office of the Attorney General |
| AIMEE LYNN O'NEIL |
| 21-15335 |
| February 25, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 03/03/2021). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12073897] (CKP) [Entered: 04/14/2021 11:26 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on December 15, 2020. Appellants notice of appeal was filed in the district court on February 24, 2021. 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. [12023190] (CKP) [Entered: 03/03/2021 02:36 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12020605] (JFF) [Entered: 03/01/2021 04:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Aimee Lynn O'Neil opening brief due 04/26/2021. [12016587] (JMR) [Entered: 02/25/2021 11:10 AM] |
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| Defendant / appellee: STATE OF NEW YORK, Office of the Attorney General | |
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| Plaintiff / appellant: AIMEE LYNN O'NEIL | |
| Represented By: | Aimee Lynn O'Neil |
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