William Fletcher v. Fourth Judicial District Court, et al
| WILLIAM JERMAINE FLETCHER |
| FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF ADA, IDAHO COURT OF APPEALS, CHIEF JUDGE MOLLY HUSKEY, JUDGE AMANDA K. BRAILSFORD, JUDGE DAVID W. GRATTON, STATE OF IDAHO, JUDGE JASON SCOTT and JOHN/JANE DOES |
| 21-35923 |
| November 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 MANDATE ISSUED. (DFO, SRT and RCT) [12327787] (RR) [Entered: 12/30/2021 10:28 AM] |
| Filing 4 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN) A review of the record and appellants response to this courts November 5, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the November 2, 2021 notice of appeal was not filed within 30 days after the district courts judgment entered on August 3, 2021 or the post-judgment order entered on September 28, 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. [12309909] (WL) [Entered: 12/08/2021 11:51 AM] |
| Filing 3 Filed Appellant William Jermaine Fletcher response to order to show cause. [12297280] (RR) [Entered: 11/23/2021 06:02 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts order was entered on the docket on September 28, 2021. Appellants notice of appeal was filed in the district court on November 2, 2021. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts order. 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). 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), (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. [12279459] (CKP) [Entered: 11/05/2021 10:53 AM] |
| 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 William Jermaine Fletcher opening brief due 01/03/2022. [12278501] (JBS) [Entered: 11/04/2021 01:32 PM] |
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