Scott Price v. Steve White, et al
| SCOTT RICHARD PRICE |
| STEVE WHITE, CA Superior Court Judge, Sacramento County, ERNEST SAWTELLE, CA Superior Court Judge, Sacramento County, JEREMY PETERSON, U.S. Magistrate Judge and DEBORAH BARNES, U.S. Magistrate Judge |
| 22-16933 |
| December 16, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 6 Filed clerk order (Deputy Clerk: MF): A review of the district court record reflects that appellant named federal government parties in the underlying action. Accordingly, the December 20, 2022 order is vacated as issued in error and is replaced with this order. The district courts judgment was entered on the docket on July 5, 2022. Appellants notice of appeal was delivered to prison officials on December 7, 2022, and received by the district court on December 12, 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 60 days after entry of the district courts judgment. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B), 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). 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 must move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. 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. [12640693] (CKP) [Entered: 01/27/2023 12:39 PM] |
| Filing 5 Filed Appellant Scott Richard Price motion to appoint counsel. Deficiencies: None. Served on 01/19/2023. [12637198] (HH) [Entered: 01/24/2023 12:37 PM] |
| Filing 4 Filed Appellant Scott Richard Price motion for emergency court hearing. Deficiencies: None. Served on 01/19/2023. [12637196] (HH) [Entered: 01/24/2023 12:35 PM] |
| Filing 3 Filed original and 0 copies of Appellant Scott Richard Price opening brief of 4 pages (Informal: Yes). Served on 01/19/2023. (briefing remains stayed) [12637025] (KT) [Entered: 01/24/2023 11:04 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on July 5, 2022. Appellants notice of appeal was delivered to prison officials on December 7, 2022, and received by the district court on December 12, 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 judgment. 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). 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 must move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. 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. [12614908] (CKP) [Entered: 12/20/2022 12:15 PM] |
| Filing 1 DOCKETEDOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES SEND MQ: No. The schedule is set as follows: Appellant Scott Richard Price opening brief due 02/10/2023. [12612736] (ABT) [Entered: 12/16/2022 02:31 PM] |
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