Edward Avila v. State of California, et al
| EDWARD AVILA |
| STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, IGNACIO ALEGRE, Orange County Department of Rehabilitation, official capacity, LECHELLE BRUEGGEMAN, Orange County Department of Rehabilitation, official capacity, ERICA M. FREES, Orange County Department of Rehabilitation, official capacity, SHEILA TRONG, Orange County Department of Rehabilitation, official capacity and SHERII HAM-LAN, Orange County Department of Rehabilitation, official capacity |
| 21-55712 |
| July 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 5 Filed Appellant Edward Avila response to order to court's 7/14/21 show cause with attached motion for appointment of counsel and for an extension of time to file the opening brief . Served on 07/24/2021. [12191727] (DJV) [Entered: 08/04/2021 11:15 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on February 10, 2021. Appellant filed a timely tolling motion pursuant to Federal Rule of Civil Procedure 60 on March 8, 2021. See Fed. R. App. P. 4(a)(4). The district courts order denying appellants motion for relief from the judgment was entered on the docket on April 12, 2021. Appellants notice of appeal was filed in the district court on May 25, 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 or the district courts post-judgment 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). 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. [12171815] (CKP) [Entered: 07/14/2021 05:32 AM] |
| Filing 3 Filed Appellant Edward Avila motion to proceed In Forma Pauperis with representation statement . Deficiencies: None. Served on 05/12/2021. [12165945] (DJV) [Entered: 07/08/2021 06:33 AM] |
| Filing 2 Filed Appellant Edward Avila motion to appoint counsel. Deficiencies: None. Served on 05/12/2021. [12165944] (DJV) [Entered: 07/08/2021 06:28 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Edward Avila opening brief due 09/08/2021. Appellees Ignacio Alegre, Lechelle Brueggeman, California Department of Corrections and Rehabilitation, Erica M. Frees, Sherii Ham-Lan, State of California and Sheila Trong answering brief due 10/08/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12165429] (RT) [Entered: 07/07/2021 02:54 PM] |
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| Plaintiff / appellant: EDWARD AVILA | |
| Represented By: | Edward Avila |
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| Defendant / appellee: STATE OF CALIFORNIA | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: IGNACIO ALEGRE, Orange County Department of Rehabilitation, official capacity | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: LECHELLE BRUEGGEMAN, Orange County Department of Rehabilitation, official capacity | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: ERICA M. FREES, Orange County Department of Rehabilitation, official capacity | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: SHEILA TRONG, Orange County Department of Rehabilitation, official capacity | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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| Defendant / appellee: SHERII HAM-LAN, Orange County Department of Rehabilitation, official capacity | |
| Represented By: | Bejan Eyre Atashkar |
| Represented By: | Julia Ann Clayton |
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