Graham Sherrill, et al v. Airway Heights Grievance Dept, et al
| SCOTT LAFERRIERE |
| GRAHAM SHERRILL |
| AIRWAY HEIGHTS GRIEVANCE DEPT, GRIEVANCE COORDINATOR, PATRICK STRAND, Sgt. and UNNAMED |
| 22-35307 |
| April 15, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 9 Filed Appellant Graham Sherrill undated letter re: further grounds. Paper filing deficiency: No certificate of service. [12460516] (DJV) [Entered: 06/01/2022 08:03 AM] |
| Filing 8 Filed Appellant Graham Sherrill motion for name change. Deficiencies: None. Served on 05/23/2022. [12460514] (DJV) [Entered: 06/01/2022 08:01 AM] |
| Filing 7 Filed Appellant Graham Sherrill motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/02/2022. [12443614] (DJV) [Entered: 05/11/2022 07:23 AM] |
| Filing 6 Filed - Scott Laferriere and Appellant Graham Sherrill motion to appoint counsel. Deficiencies: None. Served on 05/02/2022. [12443611] (DJV) [Entered: 05/11/2022 07:21 AM] |
| Filing 5 Filed Appellant Graham Sherrill response to order to show cause. Served on 05/02/2022. [12443606] (DJV) [Entered: 05/11/2022 07:17 AM] |
| Filing 4 Filed original and 0 copies of Appellant Graham Sherrill opening brief of 49 pages (Informal: Yes). Served on 05/10/2022. [12443314] (SML) [Entered: 05/10/2022 03:46 PM] |
| Filing 3 Filed Appellant Graham Sherrill motion for e-filing permissions. Deficiencies: None. Served on 04/25/2022. [12436173] (DJV) [Entered: 05/02/2022 02:35 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on February 2, 2022. Appellants notice of appeal was not dated and was received by the district court on April 11, 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 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12428700] (CKP) [Entered: 04/22/2022 11:37 AM] |
| 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 Graham Sherrill opening brief due 06/10/2022. [12422850] (ABT) [Entered: 04/15/2022 02:05 PM] |
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