Michael Walker, II v. P.D. Brazelton
| MICHAEL E. WALKER II |
| P.D. BRAZELTON |
| 21-16583 |
| September 28, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed Appellant Michael E. Walker, II motion to proceed In Forma Pauperis. Deficiencies: None. [12274580] (NAC) [Entered: 11/01/2021 02:30 PM] |
| Filing 4 Filed Appellant Michael E. Walker, II motion for certificate of appealability. Deficiencies: None. [12274576] (NAC) [Entered: 11/01/2021 02:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts post-judgment order was entered on the docket on August 4, 2021. Appellants notice of appeal was delivered to prison officials on September 17, 2021, and received by the district court on September 27, 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 August 4, 2021 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. [12245834] (CKP) [Entered: 10/03/2021 05:50 PM] |
| Filing 3 Received Appellant Michael E. Walker, II notice regarding NOA. [12248657] (RR) [Entered: 10/05/2021 05:21 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12241353] (RT) [Entered: 09/28/2021 11:07 AM] |
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| Petitioner / appellant: MICHAEL E. WALKER II | |
| Represented By: | Michael E. Walker II |
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| Respondent / appellee: P.D. BRAZELTON | |
| Represented By: | Michael David Dolida |
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