Walker v. Adams, et al.
| Jeffrey Walker and JEFFERY WALKER |
| OLIVER, Sgt., Deputy LY, Nurse ALEX DOE, Lt. CLASAL, CITY AND COUNTY OF SAN FRANCISCO, Deputy TIU, COLLINS, Captain, JOHN DOE, 1-6, Sheriff MIYAMOTO, Chief ADAMS, Sgt. UNKNOWN CALLAWAY, #1176, LISA PRATT, Deputy YUZON, #2358, Dr. NAIN, Captain QAUNTICO, Lt. ROLD, Nurse JANE DOE, IAN ALBERT and Deputy CRAWFORD, #2035 |
| 24-4741 |
| August 2, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 3
ORDER FILED. The district courts order denying appellants motion for a preliminary injunction was entered on the docket on June 18, 2024. Appellants notice of appeal was delivered to prison officials on July 28, 2024, and received by the district court on July 31, 2024. 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 judgment. 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 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 further order of the court. [Entered: 08/05/2024 02:29 PM]
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| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Opening Brief Due (Appellant) 8/30/2024. For appeal no. 24-4741, 5:24-cv-03314-EJD.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/02/2024 12:49 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:24-cv-03314-EJD has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 24-4741 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/02/2024 12:41 PM] |
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