Evelyn Martinez v. City of Los Angeles
| EVELYN MARTINEZ |
| CITY OF LOS ANGELES |
| 23-55420 |
| May 5, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 6 Filed order (BARRY G. SILVERMAN, RYAN D. NELSON and PATRICK J. BUMATAY) A review of the record and appellants response to this courts May 9, 2023 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the May 1, 2023 notice of appeal was not filed within 30 days after the district courts order denying leave to proceed in forma pauperis entered on March 29, 2023. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Appellant is not entitled to three additional days to file the notice of appeal because the time for filing a notice of appeal is calculated from the date of entry of the order or judgment not the date of service. See Fed. R. App. P. 4(a)(1)(A); Fed. R. Civ. P. 6(d). See Haroutunian v. I.N.S., 87 F.3d 374, 376-377 (9th Cir. 1996). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED [12746798] (ABT) [Entered: 06/30/2023 01:47 PM] |
| Filing 5 Filed Appellant Evelyn Martinez motion to proceed In Forma Pauperis. Deficiencies: None. Served on 06/23/2023. [12743316] (HH) [Entered: 06/26/2023 04:35 PM] |
| Filing 4 Received copy of District Court order filed on 06/01/2023 ORDER. Order re: motion and affidavit for leave to appeal in forma pauperis (ECF No. 11). Pursuant to Rule 24(a)(4), the Court directs the Clerk to immediately notify Plaintiff and the Ninth Circuit Court of Appeals of this Order. The Court advises Plaintiff that she may seek leave to proceed in forma pauperis on appeal by filing such a motion in the Ninth Circuit Court of Appeals within 30 days of service of this Order. Fed. R. App. P. 24(a)(5). Any such motion must include a copy of the affidavit filed in the district court and the district courts statement of reasons for its action. Id. IT IS SO ORDERED. [12727257] (RL) [Entered: 06/02/2023 09:18 AM] |
| Filing 3 Filed Appellant Evelyn Martinez FORM 28 response to motion or court order. Served on 05/26/2023. [12725025] (RL) [Entered: 05/30/2023 05:20 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The district courts order denying leave to proceed in forma pauperis was entered on the docket on March 29, 2023. Appellants notice of appeal was filed in the district court on May 1, 2023. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts 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). 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 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. [12712362] (CKP) [Entered: 05/09/2023 02:51 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPERANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Evelyn Martinez opening brief due 07/06/2023. [12710141] (RT) [Entered: 05/05/2023 03:58 PM] |
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| Plaintiff / appellant: EVELYN MARTINEZ | |
| Represented By: | Evelyn Martinez |
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| Defendant / appellee: CITY OF LOS ANGELES | |
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