Michael Bosse v. Corizon, LLC
| MICHAEL EARL BOSSE |
| CORIZON, LLC |
| 21-35715 |
| August 25, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 6 Filed Appellant Michael Earl Bosse motion to proceed In Forma Pauperis. Deficiencies: None. Served on 10/17/2021. [12263345] (DJV) [Entered: 10/20/2021 02:34 PM] |
| Filing 5 Filed order (M. MARGARET MCKEOWN, WILLIAM A. FLETCHER and JAY S. BYBEE): A review of the record and the parties responses to this courts August 27, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the August 25, 2021 notice of appeal was not filed within 30 days after the district courts judgment entered on May 20, 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. [12260160] (AF) [Entered: 10/18/2021 02:33 PM] |
| Filing 4 Filed (ECF) Appellee Corizon, LLC reply to response to order to show cause dated 08/27/2021. Date of service: 09/27/2021. [12239812] [21-35715] (Eaton, Dylan) [Entered: 09/27/2021 11:53 AM] |
| Filing 3 Filed Appellant Michael Earl Bosse response to order to show cause. [12231955] (JFF) [Entered: 09/17/2021 02:10 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on May 20, 2021. Appellants notice of appeal was delivered to prison officials on August 15, 2021, and received by the district court on August 25, 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. [12214148] (CKP) [Entered: 08/27/2021 03:53 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Earl Bosse opening brief due 10/25/2021. Appellee Corizon, LLC answering brief due 11/26/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12211431] (RT) [Entered: 08/25/2021 01:42 PM] |
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| Plaintiff / appellant: MICHAEL EARL BOSSE | |
| Represented By: | Michael Earl Bosse |
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| Defendant / appellee: CORIZON, LLC | |
| Represented By: | Dylan A. Eaton |
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