Keith Strom v. Douglas Mitchell, et al
| KEITH STROM |
| DOUGLAS MITCHELL, Lane County Deputy District Attorney, KATHLEEN MILLER, Reedsport Justice Court and LINEBARGER, GOGGAN BLAIR & SAMPSON, Collections for Lane County Circuit Court |
| 22-35584 |
| July 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 11 Filed order (MILAN D. SMITH, JR., DANIEL A. BRESS and LAWRENCE VANDYKE) A review of the record and the parties responses to this courts August 1, 2022 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the July 28, 2022 notice of appeal was not filed within 30 days after the district courts judgment entered on June 10, 2022. 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); see also Fed. R. App. P. 26(b)(1) (court of appeals may not extend time to file a notice of appeal except as authorized in Rule 4); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12546906] (JMR) [Entered: 09/22/2022 01:39 PM] |
| Filing 10 Filed Appellant Keith Strom's reply to response to order to show cause. Served on 09/06/2022 [12537231] (HH) [Entered: 09/09/2022 03:15 PM] |
| Filing 9 Filed original and 1 copy of Appellant Keith Strom opening brief of 14 pages (Informal: No). Served on 09/01/2022. (Briefing remains stayed) [12535454] (SML) [Entered: 09/07/2022 04:11 PM] |
| Filing 8 Filed (ECF) Appellee Kathleen Miller response to order to show cause dated 08/01/2022. Date of service: 08/23/2022. [12523699] [22-35584] (Meyer, Paul) [Entered: 08/23/2022 10:03 AM] |
| Filing 7 Filed Appellant Keith Strom response to order to show cause. [12519863] (NAC) [Entered: 08/18/2022 12:00 PM] |
| Filing 6 Sent Appellant a copy of the FRAP and Ninth Circuit rules and a copy of the docket sheet in response to th Form 29 request filed on 08-15-2022. [12517441] (JR) [Entered: 08/15/2022 04:36 PM] |
| Filing 5 Received Appellant Keith Strom request for copy of FRAP Rules & docket sheet. [12517312] (NAC) [Entered: 08/15/2022 03:26 PM] |
| Filing 4 Added Attorney(s) Paul Meyer for party(s) Appellee Kathleen Miller, in case 22-35584. [12508513] (NAC) [Entered: 08/03/2022 11:22 AM] |
| Filing 3 Filed (ECF) notice of appearance of Paul E. Meyer (Douglas County Counsel, Douglas County Courthouse, 1036 SE Douglas Ave Rm 321, Roseburg, OR 97470) for Appellee Kathleen Miller. Date of service: 08/03/2022. (Party was previously proceeding with counsel.) [12508479] [22-35584] (Meyer, Paul) [Entered: 08/03/2022 10:57 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on June 10, 2022. Appellants notice of appeal was filed in the district court on July 28, 2022. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed 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); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12506661] (CKP) [Entered: 08/01/2022 03:14 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Keith Strom opening brief due 09/26/2022. [12504543] (JMR) [Entered: 07/28/2022 03:57 PM] |
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