Norris Miller v. Katrina Valentino, et al
| NORRIS DAJON MILLER |
| KATRINA VALENTINO, Registered Nurse, ARLENE MCKAMEY, Nurse Provider at LaPalma Correctional Center, ANGELA ANDRADE, Registered Nurse at LaPalma Correctional Center, MARGO ALVAREZ, Registered Nurse at LaPalma Correctional Center, CHRISTINE PALACIOS, Registered Nurse at LaPalma Correctional Center and W WIER, Registered Nurse at LaPalma Correctional Center |
| 23-15640 |
| April 28, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 3 Filed Appellant Norris Dajon Miller response to order to show cause. [12723223] (JFF) [Entered: 05/26/2023 09:46 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The district courts judgment was entered on the docket on February 13, 2023. Appellants notice of appeal was delivered to prison officials on April 19, 2023, and received by the district court on April 25, 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 reopen the time for appeal. See Fed. R. App. P. 4(a)(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. [12711371] (CKP) [Entered: 05/08/2023 04:19 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Norris Dajon Miller opening brief due 06/26/2023. Appellees Margo Alvarez, Angela Andrade, Arlene McKamey, Christine Palacios, Katrina Valentino and W Wier answering brief due 07/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12705317] (ABT) [Entered: 04/28/2023 04:10 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.
