Broque Anderson v. R. Orewyler, et al
| BROQUE ANTHONY ANDERSON |
| DEPUTY PEACE OFFICER R. OREWYLER, G6210, individual capacity and official capacity, DEPUTY MATA, Rancho Cucamonga Sheriff, individual and official capacity, DEPUTY R. WRIGHT, No. W2800, individual and official capacity and SHERIFF DEPUTY ESMERALDA CONTRERAS, Rancho Cucamonga, individual and official capacity |
| 22-56125 |
| December 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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We have the following opinions for this case:
| Description |
|---|
| BROQUE ANDERSON V. R. OREWYLER, ET AL |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 Filed Appellant Broque Anthony Anderson motion to proceed In Forma Pauperis. Deficiencies: None. [12637216] (HH) [Entered: 01/24/2023 12:47 PM] |
| Filing 5 Filed original and 0 copies of Appellant Broque Anthony Anderson opening brief of 8 pages (Informal: Yes). Served on 01/11/2023. (briefing remains stayed) [12637009] (KT) [Entered: 01/24/2023 10:59 AM] |
| Filing 4 Filed Appellant Broque Anthony Anderson Inmate declaration of timely filing. Served on 12/23/2022. [12622109] (HH) [Entered: 01/03/2023 04:54 PM] |
| Filing 3 Filed Appellant Broque Anthony Anderson response to court order. Served on 12/11/2022. [12614300] (HH) [Entered: 12/19/2022 03:51 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on October 20, 2022. Appellants notice of appeal was dated November 22, 2022, and received by the district court on November 28, 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. [12600359] (CKP) [Entered: 12/01/2022 03:03 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 Broque Anthony Anderson opening brief due 01/27/2023. [12600140] (JMR) [Entered: 12/01/2022 12:18 PM] |
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| Plaintiff / appellant: BROQUE ANTHONY ANDERSON | |
| Represented By: | Broque Anthony Anderson |
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| Defendant / appellee: DEPUTY PEACE OFFICER R. OREWYLER, G6210, individual capacity and official capacity | |
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| Defendant / appellee: DEPUTY MATA, Rancho Cucamonga Sheriff, individual and official capacity | |
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| Defendant / appellee: DEPUTY R. WRIGHT, No. W2800, individual and official capacity | |
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| Defendant / appellee: SHERIFF DEPUTY ESMERALDA CONTRERAS, Rancho Cucamonga, individual and official capacity | |
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