Herman Tamrat v. Robert Schreeder, et al
| HERMAN TAMRAT |
| ROBERT SCHREEDER, Chief of Santa Rosa Police Department, CITY OF SANTA ROSA, a Municipal Coporation, OFFICER ERICK RHODES, #352, OFFICER MICHAEL PIETRELLI, SR# 497, OFFICER PATRICK ALBINI, OFFICER TANYA WAGNER, SR# unknown and SANTA ROSA POLICE DEPARTMENT |
| 22-16670 |
| October 26, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Received copy of District Court order filed on 12/16/2022 ORDER Dkt. No. 97. Plaintiffs motion to reopen the time to file an appeal (Docket No. 97) is GRANTED. The clerk is requested to SERVE this order to the Ninth Circuit in case No. 22-16670. IT IS SO ORDERED. [12612992] (RL) [Entered: 12/16/2022 04:32 PM] |
| Filing 3 Filed order (A. WALLACE TASHIMA and RICHARD R. CLIFTON) Appellant submitted his notice of appeal, dated March 3, 2022, to this court on March 15, 2022. The notice of appeal was mistakenly docketed in appeal No. 22-15058. The notice of appeal was subsequently transmitted to the district court, and this appeal was opened. Although the March 3, 2022 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the January 21, 2022 judgment, appellants notice of appeal includes an allegation that he did not receive notice of entry of judgment until February 25, 2022. We construe appellants pro se notice of appeal as a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants March 3, 2022 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12611907] (JMR) [Entered: 12/15/2022 04:21 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: AT): The briefing schedule in this appeal is suspended pending further court order. [12581962] (JBS) [Entered: 11/07/2022 03:10 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Herman Tamrat opening brief due 12/05/2022. Appellees Patrick Albini, City of Santa Rosa, Michael Pietrelli, Erick Rhodes, Santa Rosa Police Department, Robert Schreeder and Tanya Wagner answering brief due 01/04/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12573832] (ABT) [Entered: 10/26/2022 04:34 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
