Price v. Sherman, et al.
| EDMOND PAUL PRICE |
| STU SHERMAN, ALVARADO, CARIVAO and MARTINEZ |
| 26-1066 |
| February 24, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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Filing 7
ORDER FILED. Appellants response to this courts February 26, 2026 order attests that appellant delivered the notice of appeal to prison authorities for forwarding to the district court on January 14, 2026, within 30 days after the district court entered judgment on January 9, 2026. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Appellees have not filed a response. The February 26, 2026 order is discharged. Appellant was permitted to proceed in forma pauperis in the district court. That status continues in this court because it has not been revoked. See Fed. R. App. P. 24(a). The full $605 in fees for this appeal will still be collected when adequate funds are available in appellants prison trust account. See 28 U.S.C. 1915(b)(1), (b)(2). Within 21 days, appellant must complete the enclosed authorization form and file it with this court. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. The clerk will serve this order and a prisoner authorization form on appellant. Appellant must file the transcript order form with the district court on or before May 13, 2026. The transcripts are due June 12, 2026. The opening brief is now due July 22, 2026. The answering brief is due August 21, 2026. The optional reply brief is due within 21 days after the answering brief is served. [Entered: 04/15/2026 11:34 AM]
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| Filing 6 RESPONSE to Order - Order to Show Cause (OSC) (DE 3) filed by Appellant Edmond Paul Price. [Entered: 03/26/2026 10:59 AM] |
| Filing 5 Attorney Jaime Ganson as Counsel for Appellee substituted for Attorney David Edward Kuchinsky, Jennifer Burns. [Entered: 03/10/2026 09:53 AM] |
| Filing 4 NOTICE OF APPEARANCE by Jaime Ganson for Appellee Alvarado, Appellee Carivao, Appellee Martinez replacing . [Entered: 03/10/2026 09:43 AM] |
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Filing 3
ORDER FILED. Appellants notice of appeal was dated January 14, 2026, and the district court received the notice of appeal on February 17, 2026, more than 30 days after the district court entered judgment on January 9, 2026. 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(a)(5), (a)(6); 26(b)(1) (only the district court can extend the time to file a notice of appeal). The notice of appeal did not include a proof of service. A pro se prisoners notice of appeal is deemed filed when deposited in the institutions internal legal mail system if appellant submits sufficient evidence. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days, appellant must file a declaration or notarized statement attesting to the date the notice of appeal was deposited in the institutions legal mail system and whether first-class postage was prepaid. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). If appellant does not do so, the court will dismiss this appeal. See 9th Cir. R. 42-1. If appellant files a declaration or statement, appellees may file a response within 10 days. Briefing is stayed. The clerk will serve Form 33 Inmate Declaration of Timely Filing on appellant. [Entered: 02/26/2026 03:54 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief Due (Appellee) 6/11/2026, Appeal Transcript Order Due (Appellant) 3/3/2026, Appeal Opening Brief Due (Appellant) 5/12/2026, Appeal Transcript Due (Appellant) 4/2/2026. For appeal no. 26-1066, 1:20-cv-00131-JLT-EPG. 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: 02/24/2026 09:18 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:20-cv-00131-JLT-EPG 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 26-1066 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: 02/24/2026 09:06 AM] |
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