Harper v. Marquez, et al.
| DANIEL HARPER |
| G. MARQUEZ, C/O, CSP Sacramento, D. BAKER, C/O, CSP Sacramento and DAVID CARABALLO, Lt., CSP Sacramento |
| 25-595 |
| January 29, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 6
ORDER FILED. (Barry G. SILVERMAN, Bridget S. BADE, Ana DE ALBA) Appellant has not responded to the courts February 6, 2025 order, but filed an opening brief. The notice of appeal was not delivered to prison officials within 30 days after the district court entered the judgment on October 24, 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); see also Fed. R. App. P. 4(c)(1) (notice of appeal deemed filed when deposited in the institutions internal mail system if appellant submits sufficient evidence); Houston v. Lack, 487 U.S. 266, 270 (1988). This appeal is therefore dismissed. DISMISSED. [Entered: 03/28/2025 04:58 PM]
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| Filing 5 CLERK ACTION: Opening Brief submitted at DE 4 by Appellant Daniel Harper is filed. Original and 0 copies. (briefing remains stayed) [Entered: 03/07/2025 01:16 PM] |
| Filing 4 OPENING BRIEF submitted for filing by Appellant Daniel Harper. [Entered: 03/07/2025 01:14 PM] |
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Filing 3
ORDER FILED. The notice of appeal was not filed or delivered to prison officials within 30 days after the district court entered judgment on October 24, 2024. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). The court may therefore lack jurisdiction over this appeal. See United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed. R. App. P. 4(c)(1) (notice of appeal deemed filed when deposited in the institutions internal mail system if appellant submits sufficient evidence); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. Briefing is stayed. [Entered: 02/06/2025 04:57 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 3/10/2025. For appeal no. 25-595, 2:24-cv-01194-DJC-SCR. 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: 01/29/2025 02:38 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-01194-DJC-SCR 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 25-595 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 01/29/2025 02:31 PM] |
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