Miguel Diaz v. Hurley, et al
| MIGUEL ENRIQUE DIAZ |
| HURLEY, HALL, T. RODRIGUEZ, SPECIAL APPEARANCE and FARMAR |
| 22-15983 |
| July 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: JW): This courts July 11, 2022 order to show cause suspended briefing pending disposition of that order. Consequently, the request for an extension of time to file the opening brief is unnecessary. Appellants motion for an extension of time (Docket Entry No. [ # 3 ]) is construed in part as a motion for extension of time to respond to this courts July 11, 2022 order. So construed, the motion is granted. Appellant must file a response on or before September 12, 2022. 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. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. The Clerk will send appellant a copy of the July 11, 2022 order along with this order. [12517845] (JMR) [Entered: 08/16/2022 10:01 AM] |
| Filing 3 Filed Appellant Miguel Enrique Diaz FORM 14 motion for extenison of time. Deficiencies: None. Served on 08/06/2022. [12515411] (RL) [Entered: 08/11/2022 04:18 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed June 29, 2022 is a preliminary injunction appeal. The district courts order denying appellants motion for a preliminary injunction was entered on the district court docket on May 23, 2022. Appellants notice of appeal of the May 23, 2022 order was dated June 23, 2022, and received by the district court on June 29, 2022. 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 May 23, 2022 order denying a preliminary injunction. 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). 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 disposition of this order. [12490680] (CKP) [Entered: 07/11/2022 12:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Miguel Enrique Diaz opening brief due 08/29/2022. Appellees Farmar, Hall, Hurley, T. Rodriguez and Special Appearance answering brief due 09/27/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12485262] (ABT) [Entered: 07/01/2022 01:49 PM] |
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