Joseph Littlefield v. Thomas Fithian, et al
| JOSEPH TYLER LITTLEFIELD |
| THOMAS FITHIAN, Deputy Director of Prisons, TIM THRASHER, Administrator, Department of Corrections, LORI LAWSON, Associate Superintendent, Clallam Bay Corrections Center, CHRISTOPHER GROSS, Custody Unit Supervisor, Clallam Bay Corrections Center, ERIC HUETHER, Sergeant, Clallam Bay Corrections Center, J. ECHIETA, Grievance Coordinator, Clallam Bay Corrections Center, DAVID GRANUM, Officer, Clallam Bay Corrections Center, HALLENBECK, Assistant Cook, Clallam Bay Corrections Center and MCCATHY, Food Service Manager, Clallam Bay Corrections Center |
| 21-35870 |
| October 15, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Filed clerk order (Deputy Clerk: JW): A review of the docket reflects that appellant has failed to respond to the courts October 18, 2021 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 21 days after the date of this order, appellant shall file a response to the October 18, 2021 order to show cause. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing and all pending motions are stayed pending disposition of the October 18, 2021 order. The Clerk shall send a copy of the October 18, 2021 order to appellant along with this order. [12309678] (CKP) [Entered: 12/08/2021 10:45 AM] |
| Filing 6 Sent: Appellant Joseph Tyler Littlefield copy of rule book and docket sheet, per request [ # 5 ] [12274468] (ER) [Entered: 11/01/2021 02:00 PM] |
| Filing 5 Filed Appellant Joseph Tyler Littlefield letter dated 10/21/2021 re: Request for copy of rules book and docket sheet. Paper filing deficiency: None. [12273249] (RL) [Entered: 10/29/2021 03:13 PM] |
| Filing 4 Filed Appellant Joseph Tyler Littlefield request to correct spelling of defendant-appellee name on docket (formatted as letter). Deficiencies: None. Served on 10/22/2021. [12273243] (RL) [Entered: 10/29/2021 03:12 PM] |
| Filing 3 Filed Appellant Joseph Tyler Littlefield FORM 24 motion for appointment of counsel, CJA 23. Deficiencies: None. Served on 10/21/2021. [12273236] (RL) [Entered: 10/29/2021 03:08 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on September 7, 2021. Appellants notice of appeal was dated October 10, 2021, and received by the district court on October 14, 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). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), 4(a)(6), and 26(b)(1). 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. [12260337] (CKP) [Entered: 10/18/2021 03:29 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 Joseph Tyler Littlefield opening brief due 12/13/2021. [12258959] (JPD) [Entered: 10/15/2021 03:40 PM] |
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| Plaintiff / appellant: JOSEPH TYLER LITTLEFIELD | |
| Represented By: | Joseph Tyler Littlefield |
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| Defendant / appellee: THOMAS FITHIAN, Deputy Director of Prisons | |
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| Defendant / appellee: TIM THRASHER, Administrator, Department of Corrections | |
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| Defendant / appellee: LORI LAWSON, Associate Superintendent, Clallam Bay Corrections Center | |
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| Defendant / appellee: CHRISTOPHER GROSS, Custody Unit Supervisor, Clallam Bay Corrections Center | |
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| Defendant / appellee: ERIC HUETHER, Sergeant, Clallam Bay Corrections Center | |
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| Defendant / appellee: J. ECHIETA, Grievance Coordinator, Clallam Bay Corrections Center | |
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| Defendant / appellee: DAVID GRANUM, Officer, Clallam Bay Corrections Center | |
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| Defendant / appellee: HALLENBECK, Assistant Cook, Clallam Bay Corrections Center | |
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| Defendant / appellee: MCCATHY, Food Service Manager, Clallam Bay Corrections Center | |
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