Alejandro Madrid v. H. Anglea, et al
| M. VOONG, Chief Office of Appeals at Sacramento California and J. TOUBEAUX, Appeals Coordinator at Sierra Conservation Center |
| ALEJANDRO MADRID |
| H. ANGLEA, Warden at Sierra Conservation Center and KHAN, Visting Sergeant at Sierra Conservation Center |
| 21-17032 |
| December 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ALEJANDRO MADRID V. H. ANGLEA, ET AL |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Filed Appellant Alejandro Madrid motion to extend time to file appellant opening brief until 03/07/2022. Deficiencies: None. Served on 01/18/2022. [12349512] (RR) [Entered: 01/24/2022 04:25 PM] |
| Filing 6 Filed Appellant Alejandro Madrid motion requesting appellee to respond to complaint. Deficiencies: None. Served on 01/18/2021. [12349508] (RR) [Entered: 01/24/2022 04:24 PM] |
| Filing 5 Filed Appellant Alejandro Madrid motion to proceed In Forma Pauperis, to appoint pro bono counsel. Deficiencies: None. Served on 01/18/2022. [12349496] (RR) [Entered: 01/24/2022 04:20 PM] |
| Filing 4 Filed order (RICHARD C. TALLMAN and JACQUELINE H. NGUYEN) The December 7, 2021 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the October 27, 2021 judgment. Appellants notice of appeal, however, includes an allegation that he did not receive notice of entry of judgment until December 2, 2021. We construe appellants pro se notice of appeal as a motion to reopen the time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011) (statement in notice of appeal that appellant did not receive judgment should be construed as motion to reopen the time to appeal pursuant to Fed. R. App. P. 4(a)(6)). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants December 7, 2021 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order to the district judge. [12347591] (CKP) [Entered: 01/21/2022 01:58 PM] |
| Filing 3 Attorney David Charles Goodwin in 21-17032 substituted by Attorney Joseph R. Wheeler in 21-17032 [12326385] (RR) [Entered: 12/28/2021 03:31 PM] |
| Filing 2 Filed (ECF) notice of appearance of Joseph R. Wheeler (CA Department of Justice Attorney General's Office 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550) for Appellee H. Anglea. Substitution for Attorney Mr. David Charles Goodwin, Esquire for Appellee H. Anglea. Date of service: 12/28/2021. (Party was previously proceeding with counsel.) [12325750] [21-17032] (Wheeler, Joseph) [Entered: 12/28/2021 09:18 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Alejandro Madrid opening brief due 02/07/2022. Appellees H. Anglea and Khan answering brief due 03/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12310557] (WL) [Entered: 12/08/2021 03:48 PM] |
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