Keen Smith, Jr. v. DPS, et al
| KEEN L.A. SMITH, Jr. |
| DEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF LAW, ALASKA COURT SYSTEM, DEPARTMENT OF CORRECTIONS and PUBLIC DEFENDER AGENCY |
| 21-35835 |
| October 5, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed Appellant Keen L.A. Smith, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. [12269297] (JFF) [Entered: 10/26/2021 02:01 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on August 27, 2021. Appellants notice of appeal from that judgment was dated September 26, 2021, but was not filed until October 4, 2021. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). Briefing is suspended pending further order of this court. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing and a Form 4 financial affidavit on appellant along with this order. [12248433] (CKP) [Entered: 10/05/2021 04:03 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 Keen L.A. Smith Jr. opening brief due 12/03/2021. [12247449] (JMR) [Entered: 10/05/2021 09:38 AM] |
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