C. Gilmore v. C. Silva, et al
| C. DWAYNE GILMORE |
| C. SILVA, Office Technician, Inmate Assignment Office, G. ABDULLAH, Muslin Chaplain, Pelican Bay State Prison, R. LOSACCO, Community Resource Manager, Pelican Bay State Prison, C. E. DUCART, Warden, Pelican Bay State Prison, DIRECTOR OF CDCR and R. TUPY |
| 23-15357 |
| March 13, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 7 Filed (ECF) Appellees G. Abdullah, Director of CDCR, C. E. Ducart, R. Losacco, C. Silva and R. Tupy response to order to show cause dated 03/16/2023. Date of service: 05/02/2023. [12707248] [23-15357] (Wu, Oliver) [Entered: 05/02/2023 01:42 PM] |
| Filing 6 Filed Appellant C. Dwayne Gilmore response to order to show cause (formatted on FORM 28). Served on 04/26/2023. [12706617] (RL) [Entered: 05/01/2023 04:33 PM] |
| Filing 5 Sent Appellant a copy of the 03-16-2023 order of the court in response to the Form 29 filed on 04/17/2023. [12697724] (JR) [Entered: 04/18/2023 12:18 PM] |
| Filing 4 Filed Appellant C. Dwayne Gilmore request for copy of briefing schedule. Dated 04/11/2023. Paper filing deficiency: None. [12697590] (RL) [Entered: 04/18/2023 11:06 AM] |
| Filing 3 Received notice of change of address dated 04/11/2023 from C. Dwayne Gilmore. New address: #T-29666, D4-122, Ironwood State Prison, PO Box 2199, Blythe, CA 92226 . [12697583] --[Edited: Updated Address. 04/18/2023 by TYL] (RL) [Entered: 04/18/2023 11:03 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on January 26, 2023. Appellants notice of appeal was delivered to prison officials on February 28, 2023, and received by the district court on March 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 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12675860] (CKP) [Entered: 03/16/2023 07:47 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant C. Dwayne Gilmore opening brief due 05/08/2023. Appellees G. Abdullah, Director of CDCR, C. E. Ducart, R. Losacco, C. Silva and R. Tupy answering brief due 06/07/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12672368] (ABT) [Entered: 03/13/2023 09:55 AM] |
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