Gerald Wilson v. A. Cuevas, et al
| GERALD J. WILSON |
| A. CUEVAS, Correctional Officer, M. MOYA, Correctional Sergeant, J. OLIVO, Correctional Officer and M.A MENDOZA, Correctional Officer |
| 23-55082 |
| January 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 Mail returned on 02/13/2023 addressed to Gerald J. Wilson, re: [ # 1 ] Case Opening Document. Returned envelope notes: R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179, return to sender, attempted - not known, unable to forward. Resending to: RJDCF - R.J. DONOVAN CORRECTIONAL FACILITY, 480 Alta Road, San Diego, CA 92179, along with a copy of the 01/27/2023 order [ # 2 ]. [12655093]--[Edited: address updated. 02/16/2023 by SLM] (QDL) [Entered: 02/16/2023 03:02 PM] |
| Filing 7 Filed Appellant Gerald J. Wilson motion to appoint pro bono counsel. Deficiencies: None. Served on 02/02/2023. [12649443] (BJK) [Entered: 02/08/2023 04:53 PM] |
| Filing 6 Filed Appellant Gerald J. Wilson motion to proceed In Forma Pauperis. Deficiencies: None. Served on 01/31/2023. [12649437] (BJK) [Entered: 02/08/2023 04:51 PM] |
| Filing 5 Filed Appellant Gerald J. Wilson motion to extend time to file appellant opening brief until 05/30/2023. Deficiencies: None. Served on 02/02/2023. [12649429] (BJK) [Entered: 02/08/2023 04:49 PM] |
| Filing 4 Filed Appellant Gerald J. Wilson motion to order the Southern District of California to transcribe a copy of the trial proceeding. Deficiencies: None. Served on 02/02/2023. [12649424] (BJK) [Entered: 02/08/2023 04:46 PM] |
| Filing 3 Streamlined request by Appellant Gerald J. Wilson to extend time to file the brief is not approved because it is unnecessary. Briefing is suspended pending further order of the court. [12649376] (DLM) [Entered: 02/08/2023 04:10 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts order was entered on the docket on December 19, 2022. Appellants notice of appeal was delivered to prison officials on January 22, 2023, and received by the district court on January 24, 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 December 19, 2022 order. 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 to file a notice of 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 either move for voluntary dismissal of the appeal, or show cause why this appeal 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. [12640774] (CKP) [Entered: 01/27/2023 01:29 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Gerald J. Wilson opening brief due 03/27/2023. Appellees A. Cuevas, M.A Mendoza, M. Moya and J. Olivo answering brief due 04/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12640417] (ABT) [Entered: 01/27/2023 10:01 AM] |
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