William Barker v. California Health Care Facilit, et al
| WILLIAM BARKER |
| CALIFORNIA HEALTH CARE FACILITY, CHURCH, Dr., NASIR, Dr. and BARNALIS, R.N. |
| 21-16904 |
| November 12, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 3 Filed Appellant William Barker response to order to show cause, also request for counsel. Served on 11/29/2021. [12306375] (RL) [Entered: 12/06/2021 10:43 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on September 30, 2021. Appellants notice of appeal was delivered to prison officials on November 3, 2021, and received by the district court on November 8, 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. 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). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). 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. Appellants response should state the date on which appellant received the district courts judgment. 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. [12291964] (CKP) [Entered: 11/18/2021 01:48 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant William Barker opening brief due 01/12/2022. [12285691] (RT) [Entered: 11/12/2021 12:11 PM] |
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