Nettrour v. Lekeanjia, et al.
| BENJAMIN CHRISTOPHER NETTROUR |
| MIKE BORUP, Health Services Administrator at Mohave County Detention Center, COUNTY OF MOHAVE, WEXFORD HEALTH SOURCE INCORPORATED, Contracted Provider/ Health Needs at Mohave County Detention Center, Unknown HICKEY, Lieutenant / CO at Mohave County Detention Center, DOUG SCHUSTER, Mohave County Sheriff, JANE LEKEANJIA, Medical Doctor at Mohave County Detention Center, Uknown SHARPE, Lieutenant Corrections Officer and SUSAN HAYNES, Dentist |
| 24-5030 |
| August 16, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 6
ORDER FILED. (Morgan B. CHRISTEN, John B. OWENS, Daniel A. BRESS) A review of the record and appellants response to the August 21, 2024 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated August 5, 2024 and filed on August 12, 2024, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on June 25, 2024. 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). We cannot treat the statement in appellants response to the order to show cause that he did not receive the judgment until July 25, 2024 as a motion to reopen the time to appeal because such a motion would be untimely if transmitted to the district court. See Fed. R. App. P. 4(a)(6)(B) (motion must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); see also 28 U.S.C. 2107(c); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. DISMISSED. [Entered: 09/24/2024 10:57 AM]
|
| Filing 5 RESPONSE to Court Order (DE 3) filed by Appellant Benjamin Christopher Nettrour. [Entered: 08/27/2024 02:50 PM] |
| Filing 4 MOTION for Appointment of Counsel filed by Appellant Benjamin Christopher Nettrour. [Entered: 08/26/2024 04:34 PM] |
|
Filing 3
ORDER FILED. The district courts judgment was entered on the docket on June 25, 2024. Appellants notice of appeal was dated August 5, 2024, and received by the district court on August 12, 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 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: 08/21/2024 10:42 AM]
|
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 9/25/2024. For appeal no. 24-5030, 3:23-cv-08546-JJT--JZB. 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: 08/16/2024 11:47 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-08546-JJT--JZB 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 24-5030 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: 08/16/2024 11:44 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
