Jason Youker v. Callie Hillhouse, et al
| COUNTY OF FERRY, TALON VENTURO, Sergeant, Ferry County Sheriff's Office, CITY OF REPUBLIC, RAINER, Detective, REPUBLIC POLICE DEPARTMENT, SAM JENKINS, President, Ferry County Search and Rescue, SPURGEON, Deputy, CALLIE HILLHOUSE, MOONEY, Reserve Deputy, REPUBLIC POLICE OFFICERS, Unknown, RAYMOND MAYCUMBER, Sheriff, Ferry County Sheriff's Office, KNISLEY, Sergeant and LOREN CULP, Republic Police Chief |
| JASON C. YOUKER |
| 21-35270 |
| April 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JASON YOUKER V. CALLIE HILLHOUSE, ET AL |
Docket Report
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| Document Text |
|---|
| Filing 3 Filed (ECF) Appellees Republic Police Department, Republic Police Officers, Callie Hillhouse, County of Ferry and City of Republic Correspondence: Letter to Court re proper defendants.. Date of service: 05/18/2021 [12116080] [21-35270] (McFarland, Michael) [Entered: 05/18/2021 08:09 AM] |
| Filing 2 Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER) The notice of appeal, served on April 1, 2021 and filed in the district court on April 8, 2021, was not filed or delivered to prison officials within 30 days after entry of the February 19, 2021 judgment. 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). However, appellants notice of appeal attaches a declaration stating that appellant did not receive notice of entry of judgment until March 21, 2021. We construe appellants pro se notice of appeal and declaration 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 construed as motion to reopen time to appeal pursuant to Fed. R. App. P. 4(a)(6)). The district court has not yet 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 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. [12111941] (JBS) [Entered: 05/13/2021 11:59 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Jason C. Youker opening brief due 06/14/2021. Appellees City of Republic, County of Ferry, Loren Culp, Callie Hillhouse, Sam Jenkins, Knisley, Raymond Maycumber, Mooney, Rainer, Republic Police Department, Republic Police Officers, Spurgeon and Talon Venturo answering brief due 07/14/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12069400] (RT) [Entered: 04/09/2021 12:22 PM] |
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