Ignacio Tirado Gonzalez v. David Shinn, et al
| IGNACIO RANTON TIRADO GONZALEZ |
| ATTORNEY GENERAL FOR THE STATE OF ARIZONA and DAVID SHINN, Director, ADOC |
| 21-16023 |
| June 15, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: KMB): The court has received and reviewed appellants response to this courts June 17, 2021 order to show cause. In the response, appellant attests that he delivered the notice of appeal to prison authorities on May 24, 2021, 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), (c)(1). Accordingly, the order to show cause is discharged. Appellants request for a certificate of appealability will be addressed in a future order. [12179346] (WL) [Entered: 07/21/2021 04:14 PM] |
| Filing 3 Filed Appellant Ignacio Ranton Tirado Gonzalez declaration attesting to the date on which the notice of appeal was deposited in the institutions internal mail system. [12173011] (RR) [Entered: 07/14/2021 07:02 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The district court judgment was entered on May 3, 2021. Appellants notice of appeal from that judgment was dated May 23, 2021, but was not filed until June 10, 2021. Thus, the notice of appeal was not filed within 30 days after entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days after this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [12147560] (WL) [Entered: 06/17/2021 02:49 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 05/03/2021. Record on appeal included: Yes. [12145037] (WL) [Entered: 06/15/2021 02:39 PM] |
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