Nikolay Sloboda v. Michael Obenland
| MICHAEL OBENLAND, Superintendent, Monroe Correctional Complex |
| NIKOLAY VLADIMIROV SLOBODA |
| 21-35097 |
| February 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 MANDATE ISSUED. (MDS, BSB and PJB) [12061438] (NAC) [Entered: 04/02/2021 07:32 AM] |
| Filing 4 Filed order (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY) : A review of the record and appellants response to this courts February 8, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated January 21, 2021 and filed on February 1, 2021, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on December 14, 2020. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12032330] (RT) [Entered: 03/11/2021 12:29 PM] |
| Filing 3 Filed Appellant Nikolay Vladimirov Sloboda miscellaneous letter dated 02/23/2021. Paper filing deficiency: None. [12020062] (NAC) [Entered: 03/01/2021 02:03 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on December 14, 2020. Appellants notice of appeal was delivered to prison officials on January 21, 2021, and received by the district court on February 1, 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). 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. [11996013] (CKP) [Entered: 02/08/2021 12:25 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Nikolay Vladimirov Sloboda opening brief due 04/02/2021. [11992595] (JMR) [Entered: 02/04/2021 10:32 AM] |
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| Defendant / appellee: MICHAEL OBENLAND, Superintendent, Monroe Correctional Complex | |
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| Plaintiff / appellant: NIKOLAY VLADIMIROV SLOBODA | |
| Represented By: | Nikolay Vladimirov Sloboda |
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