William Shaw v. Ed Hay, et al
| WILLIAM C. SHAW |
| ED HAY, CALIFORNIA DEPARTMENT OF CORRECTIONS, CITY OF SPOKANE, COUNTY OF SPOKANE, ROBERT COSSEY, KARI REARDON, WILLIAM NORTON and SCOTT MASON |
| 21-35979 |
| November 24, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (RICHARD C. TALLMAN, MORGAN B. CHRISTEN and JACQUELINE H. NGUYEN) A review of the record and appellants response to the November 29, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal was not timely filed. The district courts judgment was entered on October 20, 2021. Appellants notice of appeal is considered filed in the district court on November 22, 2021, the date it was first received by this court. See Fed. R. App. P. 4(d) (notice of appeal mistakenly filed in court of appeals deemed filed on date stamped as received by court of appeals). Because the November 22, 2021 notice of appeal was not timely filed within 30 days after entry of the district courts judgment on October 20, 2021, this appeal is dismissed for lack of jurisdiction. 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); Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir. 1980) (notice of appeal is timely filed if received by court within the applicable period specified in Fed. R. App. P. 4); 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). All pending motions are denied as moot. DISMISSED. [12345178] (WL) [Entered: 01/19/2022 04:34 PM] |
| Filing 5 Filed Appellant William C. Shaw motion for appointment of counsel. Deficiencies: None. Served on 12/01/2021. [12308921] (QDL) [Entered: 12/07/2021 03:02 PM] |
| Filing 4 Filed Appellant William C. Shaw letter dated 12/01/2021 re: Disability. Paper filing deficiency: None. [12307559] (QDL) [Entered: 12/06/2021 04:58 PM] |
| Filing 3 Filed Appellant William C. Shaw response to order to show cause dated 11/29/2021. Served on 12/01/2021. [12307558] (QDL) [Entered: 12/06/2021 04:57 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on October 20, 2021. Appellants notice of appeal was filed in the district court on November 23, 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 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). 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 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. [12300407] (CKP) [Entered: 11/29/2021 04:17 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 William C. Shaw opening brief due 01/24/2022. [12298277] (OC) [Entered: 11/24/2021 04:50 PM] |
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