Manuel Gonzalez, III v. .Malhotra, et al
| WARDEN, R.J. Donovan Correctional Facility, ZHANG, Dr.; Primary Care Prov., ASSOCIATE WARDEN, R.J. Donovan Correctional Facility and MALHOTRA, Dr.; Nuerologist |
| MANUEL ANTONIO GONZALEZ III |
| 21-55522 |
| May 19, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 MANDATE ISSUED. (BGS, JHN and RDN) [12164976] (RR) [Entered: 07/07/2021 11:27 AM] |
| Filing 4 Filed Appellant Manuel Antonio Gonzalez, III letter dated 06/16/2021 re: withdraw notice of appeal if no appointment of counsel is granted. Paper filing deficiency: Case closed; see court's order filed 6/11/21. [12152809] (RR) [Entered: 06/23/2021 09:53 PM] |
| Filing 3 Filed order (BARRY G. SILVERMAN, JACQUELINE H. NGUYEN and RYAN D. NELSON) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on May 12, 2021, and filed on May 17, 2021, was not filed or delivered to prison officials within 30 days after the district courts amended judgment entered on June 4, 2020. 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). The court cannot construe appellants notice of appeal as a motion to reopen the time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(6)(B) (motion must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); see also 28 U.S.C. 2107(c). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [12142090] (WL) [Entered: 06/11/2021 02:12 PM] |
| Filing 2 Filed Appellant Manuel Antonio Gonzalez, III motion to proceed In Forma Pauperis, to appoint pro bono counsel. Deficiencies: None. [12134057] (RR) [Entered: 06/04/2021 12:12 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 Manuel Antonio Gonzalez III opening brief due 07/22/2021. [12118003] (RT) [Entered: 05/19/2021 11:46 AM] |
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