Barkacs v. Rattan, et al.
| JAMES ROBERT BARKACS |
| STACY WOODS, BHARAT RATTAN, M.D., WEI PEREZ, Nurse, MARTINE, Registered Nurse, K. AMARAL, Nurse, FERNANDEZ, formerly known as Jessica Gonsalves, Staci Woods, Stacy Jones and L. MAGSAYO, Nurse |
| 26-5169 |
| August 12, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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Filing 3
ORDER FILED. The notice of appeal, dated July 28, 2026 and received by the district court on August 5, 2026, was not deposited in the prisons internal mail system within 30 days after the district court entered judgment on June 25, 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), (a)(6); 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. If appellant files a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 08/13/2026 02:48 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 9/21/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 10/21/2026. For appeal no. 26-5169, 2:23-cv-01623-JDP. 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: 08/12/2026 10:33 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-01623-JDP 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 26-5169 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: 08/12/2026 10:30 AM] |
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