(PC) Lisa Belyew v. Pallares

Filing 23

AMENDED 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)
AMENDED 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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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
Circuit Court of Appeals remanded the matter to this Court “to make a factual determination as to
the date [Plaintiff] first filed a notice of appeal from the August 20, 2020 judgment.”

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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