Craig Garrett v. Ralph Diaz, et al
| CRAIG KAISER GARRETT |
| RALPH DIAZ, Secretary of Corrections for CDCR, DANIEL PARAMO, Warden, Warden, RJDCF, PATRICK COVELLO, Chief Deputy Warden, SIGALA, Correctional Guard, DURAN, Correctional Guard, SALAS, Sergeant, Correctional Guard, BUENROTHRO, Correctional Guard, LARIOS, Correctional Guard and OROZCO, Correctional Guard |
| 21-56004 |
| September 15, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 8 Filed order (M. MARGARET MCKEOWN and WILLIAM A. FLETCHER) The notice of appeal, dated September 8, 2021, and filed in the district court on September 13, 2021, was not filed or delivered to prison officials within 30 days after entry of the August 2, 2021 judgment. Appellants response to this courts September 20, 2021 order to show cause states that appellant did not receive the district courts judgment until one month after issuance. Appellant does not specify the exact date on which he received the judgment. Appellants statement in the response to the order to show cause may constitute a motion to reopen the time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). This appeal is remanded to the district court for the limited purpose of allowing that court to determine whether appellants response, served on September 22, 2021, constitutes a timely motion to reopen the time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6) and, if so, to rule on the merits of the motion. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing remains stayed pending further order of the court. If the district court grants the motion to reopen appellant does not need to file a new notice of appeal. The Clerk will send a copy of [ # 5 ] and this order directly to the district judge. [12257681] (CKP) [Entered: 10/14/2021 03:40 PM] |
| Filing 7 Sent Appellant a copy of the FRAP and Ninth Circuit rules an a copy of the docket sheet in response to the Form 29 request filed on 09/27/2021. [12240962] (JR) [Entered: 09/28/2021 08:43 AM] |
| Filing 6 Filed Appellant Craig Kaiser Garrett letter dated 09/22/2021 re: request for docket sheet and rules. Paper filing deficiency: None. [12240956] (DJV) [Entered: 09/28/2021 08:29 AM] |
| Filing 5 Filed Appellant Craig Kaiser Garrett response to order to show cause. Served on 09/22/2021. [12240953] (DJV) [Entered: 09/28/2021 08:27 AM] |
| Filing 4 Filed Appellant Craig Kaiser Garrett motion to appoint counsel. Deficiencies: None. Served on 09/22/2021. [12240950] (DJV) [Entered: 09/28/2021 08:25 AM] |
| Filing 3 Filed Appellant Craig Kaiser Garrett motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/22/2021. [12240949] (DJV) [Entered: 09/28/2021 08:23 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on August 2, 2021. Appellants notice of appeal was delivered to prison officials on September 8, 2021, and received by the district court on September 13, 2021. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed or delivered to prison officials 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); Houston v. Lack, 487 U.S. 266, 270 (1988) (notice of appeal deemed filed when it was delivered to prison authorities for forwarding to the court). 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. [12233428] (CKP) [Entered: 09/20/2021 02:20 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Craig Kaiser Garrett opening brief due 11/12/2021. [12228784] (JPD) [Entered: 09/15/2021 09:18 AM] |
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