Dorothy Diede v. Denis McDonough, et al
| DOROTHY DIEDE |
| DENIS MCDONOUGH, Secretary, Department of Veterans Affairs and DEPARTMENT OF VETERANS AFFAIRS |
| 23-35519 |
| August 2, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Jobs |
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| Filing 5 Filed order (Deputy Clerk: MCD): Dismissing case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 08/04/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12790599] (CKP) [Entered: 09/12/2023 10:34 AM] |
| Filing 4 Mail returned on 08/28/2023 addressed to Dorothy Diede, re: [ # 2 ] Clerk Order. Returned envelope notes: return to sender, not deliverable as addressed, unable to forward. Resending to: case files; order was already resent to 1250 Jewel Ln, Walla Walla, WA 99362 on 08/15/2023. [12788901] (LA) [Entered: 09/08/2023 11:28 AM] |
| Filing 3 Mail returned on 08/14/2023 addressed to Dorothy Diede, re: [ # 1 ] Case Opening Document. Returned envelope notes: return to sender, insufficient address, unable to forward. Resending to: 1250 Jewel Ln, Walla Walla, WA 99362 with copy of 08/04/2023 order [ # 2 ]. [12774900] --[Edited: Updated Address. 08/16/2023 by TYL] (LA) [Entered: 08/15/2023 05:04 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The district courts judgment was entered on the docket on May 16, 2023. Appellants notice of appeal was filed in the district court on August 1, 2023. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 60 days after entry of the district courts judgment. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). 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 disposition of this order to show cause. [12768415] (CKP) [Entered: 08/04/2023 01:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Dorothy Diede opening brief due 10/02/2023. Appellees Department of Veterans Affairs and Denis McDonough answering brief due 11/01/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12766825] (JBS) [Entered: 08/02/2023 02:18 PM] |
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