Kevin Roya, Sr. v. Everport-Evergreen Terminal Services, et al
| KEVIN EDWARD ROYA, Sr. |
| EVERPORT-EVERGREEN TERMINAL SERVICES, MICHAEL ANDREWS, MARCUS DAVIS, KENNETH GREEN, BRIAN TILLY, TRA-PAC TERMINAL SERVICES, RANDY SOLOMON, RON CHESLY, PACIFIC MARITIME ASSOCIATION and EDWARD HENDERSON |
| 22-16823 |
| November 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Labor/Management Relations Act |
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| Filing 3 MANDATE ISSUED. (AWT, SRT and RRC) [12623438] (HH) [Entered: 01/05/2023 09:23 AM] |
| Filing 2 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and RICHARD R. CLIFTON) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the November 23, 2022 notice of appeal was not filed within 30 days after the district courts judgment entered on September 17, 2020. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). The court declines to transmit appellants notice of appeal to the district court for consideration as a motion to reopen the time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(6)(B) (motion must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); see also 28 U.S.C. 2107(c). Consequently, this appeal is dismissed for lack of jurisdiction. [12610375] (WL) [Entered: 12/14/2022 12:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kevin Edward Roya Sr. opening brief due 01/30/2023. Appellees Michael Andrews, Ron Chesly, Marcus Davis, Everport-Evergreen Terminal Services, Kenneth Green, Edward Henderson, Pacific Maritime Association, Randy Solomon, Brian Tilly and Tra-Pac Terminal Services answering brief due 03/02/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12596712] (RT) [Entered: 11/28/2022 11:50 AM] |
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