Smalley v. United States Internal Revenue Service, et al.
| MICHAEL T. SMALLEY |
| UNITED STATES INTERNAL REVENUE SERVICE, UNITED STATES BUREAU OF THE FISCAL SERVICE and UNITED STATES DEPARTMENT OF THE TREASURY |
| 24-6355 |
| October 18, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 3
ORDER FILED. 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 district courts judgment was entered on the docket on August 9, 2024. Appellants notice of appeal from that judgment is dated October 2, 2024, but was not received by the district court until October 11, 2024. The notice of appeal states appellant served a prior notice of appeal on September 4, 2024, which does not appear on the district courts docket. Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court if appellant complied with the requirements of Federal Rule of Appellate Procedure 4(c)(1). See Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). 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 this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [Entered: 10/21/2024 11:53 AM]
|
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/27/2024. For appeal no. 24-6355, 4:24-cv-00157-SHR-PSOT. 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: 10/18/2024 11:16 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:24-cv-00157-SHR-PSOT 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 24-6355 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: 10/18/2024 11:11 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.
