Jose Sanchez v. Raymond Madden
Respondent / Appellee: RAYMOND MADDEN, Warden
Petitioner / Appellant: JOSE D. SANCHEZ
Case Number: 21-55665
Filed: June 24, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2021 Filing 2 Filed clerk order (Deputy Clerk: KMB): The district court judgment was entered on November 20, 2020. Appellants notice of appeal from that judgment was dated December 17, 2020, but was not filed until December 29, 2020. Thus, the notice of appeal was not filed within 30 days after 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). Within 21 days after this order, appellant must 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). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [12195232] (AF) [Entered: 08/09/2021 10:01 AM]
June 24, 2021 Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/20/2020. Record on appeal included: Yes. [12153911] (OC) [Entered: 06/24/2021 04:48 PM]

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Respondent / appellee: RAYMOND MADDEN, Warden
Represented By: Ana R. Duarte
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Petitioner / appellant: JOSE D. SANCHEZ
Represented By: Jose D. Sanchez
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