Kye Chung v. Megan Brennan
| KYE CHUNG |
| MEGAN J. BRENNAN, U.S. Postmaster General |
| 21-16564 |
| September 23, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 4 Filed Appellant Kye Chung letter dated 10/19/2021 re: Additional statements in support of case. Paper filing deficiency: None. [12277473] (RL) [Entered: 11/03/2021 03:00 PM] |
| Filing 3 Received copy of amended notice of appeal from district court. [12272771] (RL) [Entered: 10/29/2021 10:52 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts dismissal order was entered on March 3, 2021. Appellant filed two documents in the district court on March 31, 2021 and May 6, 2021, which the district court construed as motions to reconsider the March 3, 2021 dismissal order. On May 14, 2021, the district court entered an order denying appellants motions for reconsideration, and entered judgment. Appellants notice of appeal was filed in the district court on September 22, 2021. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 60 days after entry of the district courts May 14, 2021 judgment. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B), 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. [12263469] (CKP) [Entered: 10/20/2021 03:19 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kye Chung opening brief due 11/23/2021. Appellee Megan J. Brennan answering brief due 12/23/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12237506] (RT) [Entered: 09/23/2021 03:30 PM] |
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| Plaintiff / appellant: KYE CHUNG | |
| Represented By: | Kye Chung |
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| Defendant / appellee: MEGAN J. BRENNAN, U.S. Postmaster General | |
| Represented By: | Kenneth W. Brakebill Esquire |
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