Nancy Strauss v. County of Los Angeles, et al
| NANCY STRAUSS |
| COUNTY OF LOS ANGELES, Erroneously Sued As Los Angeles County Board of Supervisors, Department of Animal Care and Control, JACKIE GREEN, FKA Doe 1, SAL CHACON, Erroneously Sued As Sal Chicone, FKA Doe 2, REBECCA LEAL, FKA Doe 3, DOES, 4-20 and DEPARTMENT OF ANIMAL CARE CONTROL |
| 21-56123 |
| October 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 MANDATE ISSUED. (DFO, SRT and RCT) [12327811] (RR) [Entered: 12/30/2021 10:43 AM] |
| Filing 5 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN) A review of the record and the parties responses to this courts October 21, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the October 13, 2021 notice of appeal was not filed within 14 days after the district courts order granting appellants motion for an extension of time to appeal, entered on September 28, 2021. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(5)(C) (no extension under this rule may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED.[12309739] (WL) [Entered: 12/08/2021 11:03 AM] |
| Filing 4 Filed (ECF) Appellees Sal Chacon, County of Los Angeles, Jackie Green and Rebecca Leal reply to response to order to show cause dated 10/21/2021. Date of service: 11/23/2021. [12297027] [21-56123] (Carpenter, Scott) [Entered: 11/23/2021 03:21 PM] |
| Filing 3 Filed Appellant Nancy Strauss response to order to show cause. [12290970] (RR) [Entered: 11/17/2021 04:44 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): On September 28, 2021, the district court entered an order extending the time to file the notice of appeal for 14 days. A review of the record suggests that this appeal may be untimely because the notice of appeal filed in the district court on October 13, 2021, was not filed within 14 days after entry of the district courts September 28, 2021 order granting the motion for an extension of time to file a notice of appeal. See Fed. R. App. P. 4(a)(5). 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 as untimely. 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. [12264591] (CKP) [Entered: 10/21/2021 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Nancy Strauss opening brief due 12/13/2021. Appellees Sal Chacon, County of Los Angeles, Department of Animal Care Control, Does, Jackie Green and Rebecca Leal answering brief due 01/12/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12257222] (JBS) [Entered: 10/14/2021 01:32 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
