Danny Daniels v. Ingrid Rosenquist, et al
| DANNY L. DANIELS |
| INGRID A. ROSENQUIST, SCOTT TWITO, APRIL HUELLE, KRIS COPENHAVER, J. GREGORY TOMICICH, KERI ELK and ASHLEY DIETZ |
| 22-35679 |
| August 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 MANDATE ISSUED. (MDS, DAB and LVD) [12563448] (QDL) [Entered: 10/14/2022 10:59 AM] |
| Filing 6 Mail returned on 10/07/2022 addressed to Danny L. Daniels, re: [ # 4 ] Dispositive Order. Returned envelope notes: return to sender, not NSDC detainee, attempted - not known, unable to forward. Resending to: FCI - FEDERAL CORRECTIONAL INSTITUTION - HERLONG, P.O. Box 800, Herlong, CA 96113. [12558893] (QDL) [Entered: 10/07/2022 04:19 PM] |
| Filing 5 Filed Appellant Danny L. Daniels letter dated 09/22/2022 re: Notice of request of transcripts, documents; notice of change of address. New address: FCI Herlong, P.O. Box 800, Herlong, CA 96113. Paper filing deficiency: Case closed. [12558834]--[Edited: address updated. 10/07/2022 by SLM] (QDL) [Entered: 10/07/2022 03:34 PM] |
| Filing 4 Filed order (MILAN D. SMITH, JR., DANIEL A. BRESS and LAWRENCE VANDYKE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated August 8, 2022 and filed on August 25, 2022, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on March 9, 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). As this case was brought pursuant to 42 U.S.C. 1983, there is no requirement for a certificate of appealability. To the extent appellants notice of appeal asserts he filed an earlier request for a certificate of appealability in the district court that could have served as a timely notice of appeal, no such request for certificate of appealability appears on the district courts docket. Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [12546844] (JMR) [Entered: 09/22/2022 01:09 PM] |
| Filing 3 Filed Appellant Danny L. Daniels motion for appointment of counsel. Deficiencies: None. [12532885] (QDL) [Entered: 09/02/2022 03:32 PM] |
| Filing 2 Filed Appellant Danny L. Daniels motion to proceed In Forma Pauperis. Deficiencies: None. [12532882] (QDL) [Entered: 09/02/2022 03:31 PM] |
| 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 Danny L. Daniels opening brief due 10/26/2022. [12526414] (RT) [Entered: 08/25/2022 01:53 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.
