Brown v. Miller, et al.
| STEPHEN LEE BROWN |
| JAMIE MILLER, SUPERINTENDENT, Snake River Correctional Institution, HAROLD CANNON, CORRECTIONAL LIEUTENANT, Correctional Lieutenant, Snake River Correctional Institution, JOEL BENNETT, Correctional Sergeant, Snake River Correctional Institution, JAMES WICK, JR., Correctional Sergeant, Snake River Correctional Institution, KENNDALLE MILLER, Correctional Officer, Snake River Correctional Institution, JOE CAPPS, Hearings Officer, Snake River Correctional Institution and JEREMY NOFZIGER, Assistant Insp. General, Oregon Department of Corrections |
| 26-4675 |
| July 22, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 11
ORDER FILED. HURWITZ, VANDYKE, and SUNG, Circuit Judges. The notice of appeal was not delivered to prison officials within 30 days after the district court entered judgment on June 10, 2026. 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). We cannot treat appellants notice of appeal and accompanying affidavit as a motion to the district court to reopen the time to appeal under Federal Rule of Appellate Procedure 4(a)(6), because appellant received notice of the judgment within 21 days after entry. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(6) (district court may reopen the time to file an appeal only if . . . the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment or order sought to be appealed within 21 days after entry); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). This appeal is therefore dismissed. All pending motions are denied as moot. DISMISSED. [Entered: 09/18/2026 09:08 AM]
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| Filing 10 RESPONSE to Court Order (DE 5) filed by Appellant Stephen Lee Brown. [Entered: 08/17/2026 02:12 PM] |
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Filing 9
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 8) denied as unnecessary. The briefing schedule is stayed. See court order dated 7/30/2026. [Entered: 08/11/2026 04:15 PM]
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| Filing 8 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Stephen Lee Brown. [Entered: 08/11/2026 04:12 PM] |
| Filing 7 MOTION to Proceed In Forma Pauperis filed by Appellant Stephen Lee Brown. [Entered: 08/11/2026 01:02 PM] |
| Filing 6 MOTION for Appointment of Counsel filed by Appellant Stephen Lee Brown. [Entered: 08/11/2026 01:01 PM] |
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Filing 5
ORDER FILED. The district court entered judgment on June 10, 2026. Appellants affidavit accompanying the notice of appeal states appellant received notice of the entry of judgment on June 28, 2026, within 21 days after entry of the judgment. See Fed. R. App. P. 4(a)(6) (district court may reopen the time to file an appeal under Rule 4(a)(6) only if . . . the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment or order sought to be appealed within 21 days after entry). Appellants notice of appeal dated July 7, 2026 and accompanying affidavit dated July 14, 2026 were not deposited in the prisons internal mail system within 30 days after the district court entered judgment on June 10, 2026. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). 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); 26(b)(1) (only the district court can extend the time to file a notice of appeal). 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: 07/30/2026 04:21 PM]
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| Filing 4 MOTION for Appointment of Counsel filed by Appellant Stephen Lee Brown. [Entered: 07/23/2026 01:17 PM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Stephen Lee Brown. [Entered: 07/23/2026 01:16 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 8/31/2026. For appeal no. 26-4675, 6:25-cv-01071-CL. 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: 07/22/2026 11:54 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:25-cv-01071-CL 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 26-4675 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: 07/22/2026 11:46 AM] |
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| Plaintiff: STEPHEN LEE BROWN | |
| Represented By: | Stephen Lee Brown |
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| Defendant: JAMIE MILLER, SUPERINTENDENT, Snake River Correctional Institution | |
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| Defendant: HAROLD CANNON, CORRECTIONAL LIEUTENANT, Correctional Lieutenant, Snake River Correctional Institution | |
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| Defendant: JOEL BENNETT, Correctional Sergeant, Snake River Correctional Institution | |
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| Defendant: JAMES WICK, JR., Correctional Sergeant, Snake River Correctional Institution | |
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| Defendant: KENNDALLE MILLER, Correctional Officer, Snake River Correctional Institution | |
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| Defendant: JOE CAPPS, Hearings Officer, Snake River Correctional Institution | |
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| Defendant: JEREMY NOFZIGER, Assistant Insp. General, Oregon Department of Corrections | |
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