Robert Benge v. Corizon Health, Inc., et al
| CARSON MCWILLIAMS, Deputy Director, BRIAN WHITING, Captain, DAVID SUMMER, Associate Deputy Warden, AKA David Summers, CHRIS MOODY, Warden, RICHARD PRATT, Deputy Director, SMILEY, First name unknown; Jane Doe Smiley, Nurse Practitioner at ASPC - Lewis Barchey Unit, AKA Carrie Smalley, CHARLES L. RYAN, ANITA HUDSON, Lieutenant at ASPC - Lewis Bachman Unit, previously named as Jane Doe Unknown Hudson, AKA Mannita Hudson, ANTONIO BARRIOS, Deputy Warden, previously named as A Burrios, JULIA BARNETT, Previously named as: Jane Doe, MD, Healthcare provider, Doctor at ASPC - Lewis Bachman Unit, MELANIE LOUZON, Nurse Practitioner, B. BURGESS, Associate Deputy Warden, AKA Brenda Burgess and CORIZON HEALTH, INC. |
| ROBERT JOSEPH BENGE |
| 21-15576 |
| March 31, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 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 04/01/2021). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12107862] (CKP) [Entered: 05/10/2021 02:16 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on February 18, 2021. Appellants notice of appeal was filed in the district court on March 29, 2021. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed in the district court 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); 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 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. [12061375] (CKP) [Entered: 04/01/2021 11:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert Joseph Benge opening brief due 05/28/2021. Appellees Julia Barnett, Antonio Barrios, B. Burgess, Corizon Health, Inc., Anita Hudson, Melanie Louzon, Carson McWilliams, Chris Moody, Richard Pratt, Charles L. Ryan, Smiley, David Summer and Brian Whiting answering brief due 06/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12059300] (JMR) [Entered: 03/31/2021 10:41 AM] |
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