Josh Hawkins v. M. Winkfield, et al
| JOSH MAURICE HAWKINS, AKA Jeff Antonio Hawkins |
| M. WINKFIELD, S. PENDLETON, S. WHIPPLE and DECKER, Correctional Officer |
| 21-17090 |
| December 21, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 Filed order (Deputy Clerk: DA) : The January 5, 2022 order directed appellant to move for voluntary dismissal of this appeal or to file a statement explaining why this appeal should not be dismissed for lack of jurisdiction. In response, appellant filed a notice of withdrawal of the notice of appeal. Appellants withdrawal of notice of appeal (Docket Entry No. [ # 14 ] ) is construed as a motion for voluntary dismissal of the appeal and is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12353891] (RT) [Entered: 01/27/2022 04:47 PM] |
Filing 15
Received copy of District Court order filed on 01/19/2022 signed by Magistrate Judge Kendall J. Newman on 1/19/2022 [12344599] (NAC) [Entered: 01/19/2022 12:17 PM]
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| Filing 14 Filed Appellant Josh Maurice Hawkins motion for withdrawal of notice of appeal. Deficiencies: None. [12343492] (NAC) [Entered: 01/18/2022 02:57 PM] |
| Filing 13 Received 1 paper copy of Opening Brief filed by Josh Maurice Hawkins. [12342442] (CPA) [Entered: 01/18/2022 09:02 AM] |
| Filing 12 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the Form 29 request received on 01/13/2022. [12340519] (JR) [Entered: 01/13/2022 03:38 PM] |
| Filing 11 Streamlined request by Appellant Josh Maurice Hawkins to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 27-11. [12340516] (JN) [Entered: 01/13/2022 03:34 PM] |
| Filing 10 Filed original and 0 copies of Appellant Josh Maurice Hawkins opening brief of 6 pages (Informal: Yes). Served on 01/13/2022 by Court via CM/ECF. (Briefing remains suspended) [12340500] (LA) [Entered: 01/13/2022 03:24 PM] |
| Filing 9 Received Appellant Josh Maurice Hawkins request for copy of FRAP Rules. [12340496] (NAC) [Entered: 01/13/2022 03:22 PM] |
| Filing 8 Filed Appellant Josh Maurice Hawkins response to Court order [12340495] (NAC) [Entered: 01/13/2022 03:21 PM] |
| Filing 7 Filed Appellant Josh Maurice Hawkins motion for monetary and firing of officers. Deficiencies: None [12340490] (NAC) [Entered: 01/13/2022 03:19 PM] |
| Filing 6 Filed Appellant Josh Maurice Hawkins motion to proceed In Forma Pauperis. Deficiencies: None [12340487] (NAC) [Entered: 01/13/2022 03:18 PM] |
| Filing 5 Received notice of change of address dated 12/30/2021 from Josh Maurice Hawkins. New address: SANTA RITA COUNTY JAIL, 5325 Broder Boulevard, Dublin, CA 94568. (address already one file) [12340486] (NAC) [Entered: 01/13/2022 03:17 PM] |
| Filing 4 Filed Appellant Josh Maurice Hawkins motion to appoint pro bono counsel. Deficiencies: None. [12340484] (NAC) [Entered: 01/13/2022 03:15 PM] |
| Filing 3 Filed Appellant Josh Maurice Hawkins motion to extend time to file motion for Ceritficate of Appealability. Deficiencies: None. [12340481] (NAC) [Entered: 01/13/2022 03:13 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on November 3, 2021. Appellants notice of appeal was delivered to prison officials on December 10, 2021, and received by the district court on December 17, 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. 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12332444] (CKP) [Entered: 01/05/2022 03:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Josh Maurice Hawkins opening brief due 02/15/2022. [12322014] (OC) [Entered: 12/21/2021 01:58 PM] |
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