Tomas Sarinana, Jr. v. Alex Villanueva
TOMAS SARINANA, Jr. |
ALEX VILLANUEVA |
21-55950 |
September 1, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 3 Filed order (Deputy Clerk: KB) On September 2, 2021, this court ordered appellant, within 21 days, either to move for voluntary dismissal of this request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This case is now closed. [12262941] (OC) [Entered: 10/20/2021 12:02 PM] |
Filing 2 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over this request for a certificate of appealability because the notice of appeal was not filed or deposited for mailing in the jails internal mail system within 30 days after entry of the district courts judgment on July 5, 2021. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). Within 21 days after this order, appellant must move for voluntary dismissal of this request for a certificate of appealability 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 appellants memorandum. 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. [12218746] (OC) [Entered: 09/02/2021 11:02 AM] |
Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 07/05/2021. Record on appeal included: Yes. [12218101] (WL) [Entered: 09/01/2021 03:00 PM] |
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Petitioner / appellant: TOMAS SARINANA, Jr. | |
Represented By: | Tomas Sarinana Jr. |
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Respondent / appellee: ALEX VILLANUEVA | |
Represented By: | Felicia Shu |
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