Ronnie Govea v. Robert Fox, et al
| RONNIE R. GOVEA |
| ROBERT W. FOX, Warden, F. RADING, JOSEPH BICK, MICHELE DITOMAS, JACKIE CLARK, J. LEWIS, NIKOLAJ WOLFSON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION and STATE OF CALIFORNIA |
| 23-15034 |
| January 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Filed order (Deputy Clerk: CKP) Granting Motion to dismiss the case pursuant to rule 42b filed by Appellant Ronnie R. Govea. This order shall constitute the mandate. [12648007] (CKP) [Entered: 02/07/2023 12:06 PM] |
| Filing 3 Filed Appellant Ronnie R. Govea motion for voluntary dismissal of appeal (Title: "Notification of voluntary dismissal") Deficiencies: None. Served on 01/23/2023. [12647482] (HH) [Entered: 02/06/2023 04:55 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on November 17, 2022. Appellants notice of appeal was delivered to prison officials on January 2, 2023, and received by the district court on January 9, 2023. 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 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. [12629307] (CKP) [Entered: 01/12/2023 11:59 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Ronnie R. Govea opening brief due 03/10/2023. Appellees Joseph Bick, California Department of Corrections and Rehabilitation, Jackie Clark, Michele Ditomas, Robert W. Fox, Warden, J. Lewis, F. Rading, State of California and Nikolaj Wolfson answering brief due 04/10/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12628455] (ABT) [Entered: 01/11/2023 02:30 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.
