USA v. Vincent Parks

USA v. Vincent Parks

Plaintiff / Appellee:	UNITED STATES OF AMERICA
Defendant / Appellant:	VINCENT GEORGE PARKS
Case Number:	21-16409
Filed:	August 27, 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 September 20, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 20, 2021	Filing 2 Filed order (MICHAEL DALY HAWKINS, PAUL J. WATFORD and KENNETH K. LEE): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated August 16, 2021 and filed on August 26, 2021, was not filed or delivered to prison officials within 60 days after the district courts post-judgment order entered on July 8, 2020. See 28 U.S.C. 2107(b); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12233288] (AF) [Entered: 09/20/2021 01:39 PM]
August 27, 2021	Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12213765] (OC) [Entered: 08/27/2021 01:42 PM]

Date Filed

Document Text

September 20, 2021

Filing 2 Filed order (MICHAEL DALY HAWKINS, PAUL J. WATFORD and KENNETH K. LEE): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated August 16, 2021 and filed on August 26, 2021, was not filed or delivered to prison officials within 60 days after the district courts post-judgment order entered on July 8, 2020. See 28 U.S.C. 2107(b); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12233288] (AF) [Entered: 09/20/2021 01:39 PM]

August 27, 2021

Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12213765] (OC) [Entered: 08/27/2021 01:42 PM]

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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By:	Elizabeth Olson White Esquire
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Defendant / appellant: VINCENT GEORGE PARKS
Represented By:	Vincent George Parks
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