William Wallace, II v. Pierce County Sheriff, et al
| CITY OF TACOMA, MIGUEL BALDERRAMA, Dr., BRIDGET STIXROOD, RN, MEGHAN BAILEY, RN, BLOWER, Sergeant, JON SLOHOUSER, Medical Director, NAPHCARE HEALTHCARE, PIERCE COUNTY SHERIFF'S DEPARTMENT, ELIZABETH WARREN, RN, PIERCE COUNTY SHERIFF, PIERCE COUNTY, IRINA HUGHES, ARNP and HEISHMAN, Sergeant |
| WILLIAM JAMES MATHEW WALLACE II |
| 21-35109 |
| February 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 MANDATE ISSUED. (MDS, BSB and PJB) [12061474] (DJV) [Entered: 04/02/2021 07:59 AM] |
| Filing 5 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 17, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated February 4, 2021 and filed on February 8, 2021, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on January 4, 2021. 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. [12033128] (AF) [Entered: 03/11/2021 05:17 PM] |
| Filing 4 Filed Appellant William James Mathew Wallace, II response to order dated 02/17/2021. Served on 02/24/2021. [12020538] (RL) [Entered: 03/01/2021 04:17 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on January 4, 2021. Appellants notice of appeal was dated February 4, 2021, and received by the district court on February 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). 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. [12007097] (CKP) [Entered: 02/17/2021 03:33 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12002615] (RL) [Entered: 02/12/2021 03:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant William James Mathew Wallace II opening brief due 04/09/2021. Appellees Pierce County Sheriff, et al. answering brief due 05/10/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11997262] (JPD) [Entered: 02/09/2021 09:30 AM] |
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