Alim Urmancheev v. Hunter Anglea, et al
| ALIM S. URMANCHEEV |
| HUNTER ANGLEA, C. HAYS, K. PETREY, Sr. and P. JOHNSON |
| 22-15701 |
| May 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ALIM URMANCHEEV V. HUNTER ANGLEA, ET AL |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Mail returned on 06/27/2022 addressed to Alim S. Urmancheev, re: [ # 4 ] Clerk Order. Returned envelope notes: return to sender, not deliverable as addressed, unable to forward. Resending to: case files; no forwarding address found (07/01/2022 motion [ # 5 ] states appellant was released from custody and has no residential address). [12487253] (LA) [Entered: 07/06/2022 10:58 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: th): Granting Appellant's Motion [ # 5 ] to extend time to file appellant's opening brief. Appellant Alim S. Urmancheev's opening brief is due 09/06/2022. Because there is no appearance on behalf of the appellees, briefing will be complete upon the filing of the opening brief. [12485206] [12485206]--[Edited 07/01/2022 by TH] (TH) [Entered: 07/01/2022 01:09 PM] |
| Filing 5 Filed Appellant Alim S. Urmancheev motion to extend time to file appellant opening brief until 09/06/2022. Deficiencies: None. Served on 06/29/2022. [12485066] (DJV) [Entered: 07/01/2022 11:47 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): The court has received and reviewed appellants response to this courts May 16, 2022 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on May 2, 2022, 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), (c)(1). Accordingly, the order to show cause is discharged. The previously established briefing schedule remains in effect. [12470553] (WL) [Entered: 06/14/2022 09:49 AM] |
| Filing 3 Filed Appellant Alim S. Urmancheev response to order to show cause of 5/16/22. Served on 05/02/2022. [12455158] (DJV) [Entered: 05/24/2022 02:03 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on April 5, 2022. Appellants notice of appeal from that judgment was dated May 2, 2022, but was not filed until May 6, 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). 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). 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. [12447924] (CKP) [Entered: 05/16/2022 01:24 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Alim S. Urmancheev opening brief due 07/05/2022. [12442484] (ABT) [Entered: 05/10/2022 09:17 AM] |
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