Richard Weedman v. Earl Houser
| RICHARD WEEDMAN |
| EARL HOUSER, State of Alaska Dept of Correction Superintendent III |
| 21-35696 |
| August 23, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Filed order (M. MARGARET MCKEOWN, WILLIAM A. FLETCHER and JAY S. BYBEE) : A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated August 18, 2021 and filed on August 20, 2021, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on July 9, 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). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [12257066] (RT) [Entered: 10/14/2021 12:21 PM] |
| Filing 3 Filed Appellant Richard Weedman motion to appoint pro bono counsel. Deficiencies: None. [12223837] (NAC) [Entered: 09/09/2021 07:49 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on July 9, 2021. Appellants notice of appeal was dated August 18, 2021, and received by the district court on August 20, 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 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. [12209254] (CKP) [Entered: 08/23/2021 04:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Richard Weedman opening brief due 10/19/2021. [12208188] (JMR) [Entered: 08/23/2021 09:18 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Richard Weedman v. Earl Houser | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff / appellant: RICHARD WEEDMAN | |
| Represented By: | Richard Weedman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant / appellee: EARL HOUSER, State of Alaska Dept of Correction Superintendent III | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
