Michael Shorter v. Sullivan, et al
| MICHAEL SHORTER |
| SULLIVAN, Warden, WEGMAN, Education Supervisor at CCI, PINUELAS, Education Instructor at CCI, MEDVED, Principal, TYREE, Appeal Reviewer, GUHL, Nurse, G. BICKHAM, Hearing Officer, OLIVER, Sergeant and CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION |
| 22-15049 |
| January 12, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 Filed clerk order (Deputy Clerk: AT): A review of the docket reflects that appellant has filed a motion for appointment of counsel, but appellant has failed to respond to the court's January 14, 2022 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 must file a response to the January 14, 2022 order to show cause. 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 January 14, 2022 order to appellant along with this order. [12382859] (WL) [Entered: 03/01/2022 11:01 AM] |
| Filing 4 Streamlined request by Appellant Michael Shorter to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 27-11. [12378087] (JN) [Entered: 02/23/2022 02:28 PM] |
| Filing 3 Filed Appellant Michael Shorter motion to appoint pro bono counsel. Deficiencies: None. [12377235] (NAC) [Entered: 02/23/2022 07:37 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on December 7, 2021. Appellants notice of appeal from that judgment was dated December 26, 2021, but was not filed until January 7, 2022. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. 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 this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12340791] (CKP) [Entered: 01/14/2022 12:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT & NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Michael Shorter opening brief due 03/08/2022. [12338929] (OC) [Entered: 01/12/2022 01:31 PM] |
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