Bennett Williams v. Betty Ulibarri, et al
| BENNETT LAQUAN WILLIAMS |
| BETTY ULIBARRI, Paralegal at Arizona Dept. of Corrections, CHARLES L. RYAN, Director at Arizona Dept. of Corrections and ARIZONA DEPARTMENT OF CORRECTIONS |
| 21-16531 |
| September 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 4 Filed Appellant Bennett Laquan Williams document entitled "Motion to show cause". [12268926] (RR) [Entered: 10/26/2021 11:13 AM] |
| Filing 3 Filed Appellant Bennett Laquan Williams response to order to show cause. [12251471] (RR) [Entered: 10/07/2021 04:49 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on June 15, 2021. The district courts order denying appellants timely tolling motion was entered on August 11, 2021. Appellants notice of appeal was dated September 14, 2021, and received by the district court on September 16, 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 judgment or the district courts post-judgment 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 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. [12234544] (CKP) [Entered: 09/21/2021 11:28 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 10/18/2021. Transcript due 11/15/2021. Appellant Bennett Laquan Williams opening brief due 12/27/2021. Appellees Arizona Department of Corrections, Charles L. Ryan and Betty Ulibarri answering brief due 01/24/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12231606] (JPD) [Entered: 09/17/2021 11:06 AM] |
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