Anthony Robinson v. Dave Davey, et al
| ANTHONY L. ROBINSON |
| DAVE DAVEY, Warden, Warden, CSP-Corcoran, C. MUNOZ, Correctional Officer at CSP-Corcoran, A. V. JOHNSON, Correctional Officer, A. PETERSON, Correctional Officer, H. GERMAN, Correctional Officer, K. WELCH, Correctional Officer, N. J. BLEVINS, Correctional Officer, J. D. WILSON, Correctional Officer, S. GONZALEZ, LVN at CSP-Corcoran, GONZALES-THOMPSON and S. GONZALES, LVN |
| 22-15391 |
| March 16, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 4 Filed Appellant Anthony L. Robinson motion for extension of time. Deficiencies: None. [12445224] (NAC) [Entered: 05/12/2022 11:05 AM] |
| Filing 3 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 03/17/2022). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12427783] (CKP) [Entered: 04/21/2022 01:14 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on December 2, 2021. Appellant filed a motion in the district court on January 3, 2021, which the district court denied in an order entered on February 11, 2022. Appellants notice of appeal was filed in the district court on March 15, 2022. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts post-judgment order. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir. 1980) (notice of appeal is timely filed if received by the district court within the applicable period specified in Fed. R. App. P. 4). 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12398116] (CKP) [Entered: 03/17/2022 02:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Anthony L. Robinson opening brief due 05/16/2022. Appellees N. J. Blevins, Dave Davey, Warden, H. German, S. Gonzales, Gonzales-Thompson, S. Gonzalez, A. V. Johnson, C. Munoz, A. Peterson, K. Welch and J. D. Wilson answering brief due 06/13/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12396330] (ABT) [Entered: 03/16/2022 11:46 AM] |
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