Larry Cortinas v. Ravijot Gill, Jr., et al
| LARRY WILLIAM CORTINAS |
| RAVIJOT GILL, Jr., PIERRETTE LENOIR, CONALL MCCABE, PATRICIA ROUGH and DUC NGUYEN |
| 21-16888 |
| November 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 10 Filed (ECF) Appellees Ravijot Gill, Jr., Pierrette Lenoir, Conall McCabe, Duc Nguyen and Patricia Rough response to Court order dated 12/13/2021. Date of service: 12/21/2021. [12322276] [21-16888] (Ehlenbach, Martha) [Entered: 12/21/2021 03:47 PM] |
| Filing 9 Added Attorney(s) Martha P. Ehlenbach for party(s) Appellee Patricia Rough Appellee Duc Nguyen Appellee Pierrette Lenoir Appellee Conall McCabe Appellee Ravijot Gill Jr., in case 21-16888. [12322160] (NAC) [Entered: 12/21/2021 03:00 PM] |
| Filing 8 Filed (ECF) notice of appearance of Martha Ehlenbach (Office of the Attorney General, 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550) for Appellees Ravijot Gill, Jr., Pierrette Lenoir, Conall McCabe, Duc Nguyen and Patricia Rough. Date of service: 12/21/2021. (Party was previously proceeding with counsel.) [12322090] [21-16888] (Ehlenbach, Martha) [Entered: 12/21/2021 02:34 PM] |
| Filing 7 Filed original and 0 copies of Appellant Larry William Cortinas opening brief of 6 pages (Informal: Yes). Served on 12/14/2021. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service on appellee's counsel. (motions for IFP and to appoint counsel pending, briefing remains stayed) [12321001] (SML) [Entered: 12/20/2021 03:30 PM] |
| Filing 6 Filed Appellant Larry William Cortinas motion to appoint pro bono counsel. Deficiencies: None. [12320917] (NAC) [Entered: 12/20/2021 03:03 PM] |
| Filing 5 Received Appellant Larry William Cortinas notice regarding specific date of receipt of September 22, 2021 order. [12320914] (NAC) [Entered: 12/20/2021 03:02 PM] |
| Filing 4 Filed Appellant Larry William Cortinas motion to proceed In Forma Pauperis. Deficiencies: None [12320912] (NAC) [Entered: 12/20/2021 03:02 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): The district courts final order and judgment was entered on September 22, 2021. Appellant filed a notice of appeal served on October 28, 2021, and received by the district court on November 4, 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 September 22, 2021 judgment. 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). Appellants notice of appeal states that that he did not timely receive the district courts decision, and that he received the magistrate judges September 1, 2021 report and recommendations on October 22, 2021. However, appellants notice of appeal does not state the date on which he received the district courts final order and judgment entered on September 22, 2021. Within 21 days after the date of this order, appellant must 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, appellant should state the specific date he received the September 22, 2021 final order and judgment. See Fed. R. App. P. 4(a)(6). Appellees may file a response within 10 days after service of appellants memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12314131] (CKP) [Entered: 12/13/2021 01:17 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12281465] (NAC) [Entered: 11/08/2021 02:29 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Larry William Cortinas opening brief due 01/10/2022. Appellees Ravijot Gill Jr., Pierrette Lenoir, Conall McCabe, Duc Nguyen and Patricia Rough answering brief due 02/10/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12281089] (RT) [Entered: 11/08/2021 11:40 AM] |
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