Dennis Crump v. K. Clark
| DENNIS ANTHONY CRUMP |
| WARDEN K. CLARK |
| 21-56336 |
| December 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: MF): A review of the docket reflects that appellant has failed to respond to the courts December 13, 2021 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 21 days after the date of this order, appellant shall file a response to the December 13, 2021 order to show cause. If appellant elects to show cause, appellee may file a response within 10 days after service of appellants statement. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing is stayed pending further order of the court. The Clerk will send a copy of the December 13, 2021 order to appellant along with this order. [12332433] (CKP) [Entered: 01/05/2022 03:41 PM] |
| Filing 5 Filed Appellant Dennis Anthony Crump motion to extend time to comply with the order dated 12/13/2021. Deficiencies: None. [12332571] (RR) [Entered: 01/05/2022 04:32 PM] |
| Filing 3 Filed Appellant Dennis Anthony Crump motion to appoint counsel. Deficiencies: None. [12330702] (JFF) [Entered: 01/04/2022 12:32 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on September 28, 2021. Appellants notice of appeal was delivered to prison officials on November 27, 2021, and received by the district court on December 6, 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). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). 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. [12313974] (CKP) [Entered: 12/13/2021 12:13 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Dennis Anthony Crump opening brief due 02/04/2022. Appellee K. Clark answering brief due 03/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12311866] (JMR) [Entered: 12/09/2021 03:38 PM] |
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| Petitioner / appellant: DENNIS ANTHONY CRUMP | |
| Represented By: | Dennis Anthony Crump |
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| Respondent / appellee: WARDEN K. CLARK | |
| Represented By: | Kim Aarons Esquire |
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