Robert Gomes v. Yakima Police Department
| ROBERT LARAMIE GOMES |
| YAKIMA POLICE DEPARTMENT |
| 23-35426 |
| June 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 Filed Appellant Robert Laramie Gomes Declaration of timely filing. Paper filing deficiency: None. [12755682] (HH) [Entered: 07/14/2023 03:27 PM] |
| Filing 4 Filed Appellant Robert Laramie Gomes motion to proceed In Forma Pauperis. Deficiencies: None. [12755677] (HH) [Entered: 07/14/2023 03:24 PM] |
| Filing 3 Filed Appellant Robert Laramie Gomes motion to appoint counsel. Deficiencies: None. [12755674] (HH) [Entered: 07/14/2023 03:23 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The district court judgment was entered on the docket on April 21, 2023. Appellants notice of appeal from that judgment was not dated and was not filed until June 18, 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. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was 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). 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 this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12743835] (CKP) [Entered: 06/27/2023 11:52 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Robert Laramie Gomes opening brief due 08/17/2023. [12742096] (ABT) [Entered: 06/23/2023 01:11 PM] |
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| Plaintiff / appellant: ROBERT LARAMIE GOMES | |
| Represented By: | Robert Laramie Gomes |
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| Defendant / appellee: YAKIMA POLICE DEPARTMENT | |
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