(PC) Lisa Belyew v. Pallares
Filing
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ORDER DIRECTING Defendants to Respond, signed by Magistrate Judge Jennifer L. Thurston on 2/16/2021. Twenty-One Day Deadline. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LISA MARIE BELYEW,
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Plaintiff,
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v.
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M. PALLARES,
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Case No. 1:20-cv-00623-AWI-JLT (PC)
ORDER DIRECTING DEFENDANTS
TO RESPOND
(Doc. 21)
Defendant.
21-DAY DEADLINE
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On August 20, 2020, the Court denied Plaintiff’s motion to proceed in forma pauperis and
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dismissed this action without prejudice to refiling it upon prepayment of the filing fee. (Doc. 16.)
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The Court served this order to plaintiff by mail on the same date. On October 9, 2020, Plaintiff
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filed a notice of appeal of the dismissal, which was dated October 1, 2020. (Doc. 18.)
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Noting the notice of appeal appeared untimely on its face, the Court of Appeals ordered
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plaintiff to show cause why the appeal should not be dismissed. In her response, Ms. Belyew
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contends,
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(Doc. 21.) According to her response to an order to show cause from the Ninth Circuit,
Plaintiff contends,
I first mailed a written appeal to this court on August 20, 2020. When I did not
hear anything from this court I automatically assumed my mail had been
obstructed by certain mailroom staff in retaliation. Thus I filed another appeal on
court documents on September 18, 2020.
Belyew v. Pallares, No. 20-17035 (9th Cir. 2020) (Doc. 5). On February 16, 2021, the Ninth
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Circuit Court of Appeals remanded the matter to this Court “to make a factual determination as to
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the date [Plaintiff] first filed a notice of appeal from the August 20, 2020 judgment.”
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Within 21 days, the Defendant SHALL file a response to the Plaintiff’s claim that she
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filed a timely notice of appeal.1 Within 7 days of the filing of Defendant’s response, Plaintiff
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may file a reply to the response, though she is not required to do so.
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IT IS SO ORDERED.
Dated:
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February 16, 2021
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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The defendants SHALL have their responsive document to be hand-delivered to the plaintiff, so she can respond
within the seven-day deadline.
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