Williams v. Mata, et al.
| DUWAUN LATAY WILLIAMS |
| UNKNOWN MATA, named as Officer Mata #A9844 and UNKNOWN GARCIA, named as Officer Garcia #UNK |
| 23-2170 |
| September 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 5 ADDED Counsel for Appellee Sean Mikel Moore [Entered: 11/13/2023 02:58 PM] |
| Filing 4 NOTICE OF APPEARANCE by Sean Mikel Moore for Appellee Unknown Garcia, Appellee Unknown Mata. [Entered: 11/13/2023 01:41 PM] |
Filing 3
ORDER FILED. The district court judgment was entered on the docket on February 13, 2023. Appellants notice of appeal from that judgment was dated February 27, 2023, but was not filed until September 7, 2023. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court, if appellant complied with the requirements of Federal Rule of Appellate Procedure 4(c). See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). A review of the docket reflects that the notice of appeal attaches a proof of service that is dated February 27, 2023, but does not indicate whether appellant used the institutions legal mail system or if postage was prepaid. Accordingly, within 21 days after the date of this order, appellant must file with this court a declaration attesting to whether the notice of appeal was deposited in the institutions internal mail system, the date on which the notice of appeal was deposited, 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)(B) (the court of appeals exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies Rule 4(c)(1)(A)(i)); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk may dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [Entered: 09/14/2023 02:11 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 11/6/2023, Appeal No RT Answering Brief Due 12/6/2023, Appeal No RT Answering Brief Due 12/6/2023. 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: 09/11/2023 02:03 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-00343-JJT 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 23-2170 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: 09/11/2023 01:58 PM] |
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