Sullivan v. State of Montana, et al.
| MT MSP LIBRARIAN |
| RYAN PATRICK SULLIVAN |
| STATE OF MONTANA, YELLOWSTONE COUNTY DETENTION FACILITY, OFFICER WOLD, BENJAMIN HALVERSON, SARAH L. HYDE, MOLLY ROSE-FERINGER, TANNER BEUCHLER, OFFICER MELSON, OFFICER CARTER, OFFICER SHORTER, OFFICER FAHINER, OFFICER CORTESE and YELLOWSTONE COUNTY |
| 23-2141 |
| September 8, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 10 SUR-REPLY to Order - Late General (DE 3) filed by Appellant Ryan Patrick Sullivan. [Entered: 10/17/2023 02:44 PM] |
| Filing 9 REPLY to (DE 6) filed by Appellee Officer Wold. [COURT UPDATE: Attached correct PDF of reply.] [Entered: 10/06/2023 08:55 AM] [Edited: 10/06/2023 11:43 AM] |
| Filing 8 ADDED Counsel for Appellee Levi A. Robison for Appellee Officer Wold. [Entered: 10/06/2023 08:21 AM] |
| Filing 7 NOTICE OF APPEARANCE by Levi A. Robison for Appellee Officer Wold. [Entered: 10/06/2023 08:14 AM] |
| Filing 6 RESPONSE to Order - Late General (DE 4) filed by Appellant Ryan Patrick Sullivan. [Entered: 09/26/2023 03:18 PM] |
| Filing 5 TERMINATED participation of Prison Librarian MT Msp Librarian. [Entered: 09/14/2023 05:12 PM] |
Filing 4
ORDER FILED. The district courts judgment was entered on the docket on July 18, 2023. Appellants notice of appeal was dated September 1, 2023, and received by the district court on September 5, 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. [Entered: 09/14/2023 11:57 AM] [Edited: 09/14/2023 05:14 PM]
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| Filing 3 ADDED Prison Librarian MT Msp Librarian [Entered: 09/08/2023 12:06 PM] |
| Filing 2 SCHEDULE NOTICE. Civil Appeal Transcript Order Due 10/5/2023, Civil Appeal Transcript Due 11/6/2023, Civil Appeal Opening Brief Due 12/14/2023, Civil Appeal Answering Brief Due 1/15/2024. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 09/08/2023 09:45 AM] [Edited: 09/08/2023 12:02 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:20-cv-00080-SPW-TJC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-2141 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 09/08/2023 09:42 AM] [Edited: 09/08/2023 12:04 PM] |
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