Randell Nealy v. USA

Randell Nealy v. USA

Plaintiff / Appellant:	RANDELL B. NEALY
Defendant / Appellee:	UNITED STATES OF AMERICA
Case Number:	23-35570
Filed:	August 29, 2023
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Medical Malpractice

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Docket Report

This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 6, 2023	Filing 2 Filed clerk order (Deputy Clerk: MCD): The district courts judgment was entered on the docket on June 15, 2023. Appellants notice of appeal was filed in the district court on August 25, 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. Se e Fed. R. App. P. 4(a)(5), (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 will dismiss this appeal pursuant to Ninth Circuit Rule 42 1. Briefing is suspended pending disposition of this order to show cause. [12787594] (JBS) [Entered: 09/06/2023 03:06 PM]
August 29, 2023	Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Randell B. Nealy opening brief due 10/30/2023. Appellee United States of America answering brief due 11/30/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12782591] (RT) [Entered: 08/29/2023 11:32 AM]

Date Filed

Document Text

September 6, 2023

Filing 2 Filed clerk order (Deputy Clerk: MCD): The district courts judgment was entered on the docket on June 15, 2023. Appellants notice of appeal was filed in the district court on August 25, 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. Se e Fed. R. App. P. 4(a)(5), (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 will dismiss this appeal pursuant to Ninth Circuit Rule 42 1. Briefing is suspended pending disposition of this order to show cause. [12787594] (JBS) [Entered: 09/06/2023 03:06 PM]

August 29, 2023

Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Randell B. Nealy opening brief due 10/30/2023. Appellee United States of America answering brief due 11/30/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12782591] (RT) [Entered: 08/29/2023 11:32 AM]

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Plaintiff / appellant: RANDELL B. NEALY
Represented By:	Randell B. Nealy
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Defendant / appellee: UNITED STATES OF AMERICA
Represented By:	Whitney Passmore
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