Walker v. Krol, et al.
| JEFFREY E. WALKER and Jeffery Walker |
| MORRIS, CITY AND COUNTY OF SAN FRANCISCO, GOZON, BLOOM, FISHER, DAVIS, WONG, SAELEE, SUAHLIN, Officer, L.T. KROL, GROODY, MATTHEW FREEMAN, Chief Deputy Sheriff and LEUNG |
| 24-6661 |
| October 31, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 REFERRAL NOTICE. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. [Entered: 12/16/2024 11:31 AM] |
| Filing 4 Amended Notice of Appeal Received. [Entered: 12/12/2024 03:06 PM] |
Filing 3
ORDER FILED. The district courts post-judgment order was entered on the docket on September 12, 2024. Appellants notice of appeal was dated October 19, 2024, and received by the district court on October 28, 2024. Appellants October 19, 2024 notice of appeal states he placed in jail mail a notice of appeal and [has] not received a reply. The district court received a second notice of appeal on December 4, 2024, which appears to be dated October 4, 2024, but does not include a proof of service or other evidence reflecting the date it was given to prison officials for mailing to the court. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal may not have been filed or delivered to prison officials within 30 days after entry of the district courts September 12, 2024 post-judgment 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). Because appellant is a pro se prisoner, however, a 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 a notice of appeal for this action was first deposited in the institutions internal mail system for delivery to the district court, 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 possible, appellants response should include a copy of any prior notice of appeal, and appellants mail log for the time he claims the notice of appeal was delivered to prison officials. A response may be filed within 10 days after service of appellants declaration. 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: 12/09/2024 02:57 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/10/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 1/9/2025. For appeal no. 24-6661, 4:15-cv-05819-HSG. 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: 10/31/2024 02:15 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:15-cv-05819-HSG 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 24-6661 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: 10/31/2024 02:12 PM] |
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