James McDaniel, Jr. v. James Dzurenda, et al
| JAMES R. MCDANIEL, Jr. |
| JAMES DZURENDA, Director, STATE OF NEVADA EX REL NEVADA DEPARTMENT OF CORRECTIONS, CHARLES DANIELS, HAROLD WICKAM, JOHN BORROWMAN, MICHAEL MINEV, PERRY RUSSELL, WILLIAM GITTERE, LISA WALSH, TASHEENA SANDOVAL, Updated First Name per ECF No. 46 Screening Order also known as Tashenna Cook, WARD, C/O, M. HUBBARD PICKETT, Monique, BACA I., WILLIAM REUBART, [46] named on screening order and ROBERT HARTMAN, [46} named in screening order |
| 23-15139 |
| February 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed Appellant James R. McDaniel, Jr. Form 33. Inmate Declaration of Timely Filing Served on 02/20/2023. [12664576] (JFF) [Entered: 03/01/2023 09:38 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: MF): The district courts judgment was entered on the docket on March 3, 2022. Appellants notice of appeal was delivered to prison officials on January 4, 2023, and received by the district court on January 10, 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). Appellants filing received by the district court on April 4, 2022 states that appellant mailed a notice of appeal on March 8, 2022. On April 11, 2022, the district court issued an order advising appellant that the district court had not received a notice of appeal in this action, and the March 8, 2022 notice of appeal does not appear on the district court docket. 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, appellant must file with this court a declaration or notarized statement attesting to the date on which a notice of appeal of the March 3, 2022 judgment was first deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). Appellant may supplement his response with a copy of his outgoing mail log. 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. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12649410] (CKP) [Entered: 02/08/2023 04:40 PM] |
| Filing 3 Attorney David A. Bailey in 23-15139 substituted by Attorney Chris Davis in 23-15139 [12648241] (JFF) [Entered: 02/07/2023 02:26 PM] |
| Filing 2 Filed (ECF) notice of appearance of Chris William Davis (State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101) for Appellee Tasheena Sandoval. Substitution for Attorney David A. Bailey for Appellee Tasheena Sandoval. Date of service: 02/07/2023. (Party was previously proceeding with counsel.) [12647965] [23-15139] (Davis, Chris) [Entered: 02/07/2023 11:34 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James R. McDaniel Jr. opening brief due 03/13/2023. Appellees John Borrowman, Charles Daniels, James Dzurenda, William Gittere, Robert Hartman, M. Hubbard Pickett, Baca I., Michael Minev, William Reubart, Perry Russell, Tasheena Sandoval, State of Nevada ex rel Nevada Department of Corrections, Lisa Walsh, Ward and Harold Wickam answering brief due 04/10/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12644014] y ABT] (ABT) [Entered: 02/01/2023 01:05 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.
