(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LISA MARIE BELYEW, 12 Plaintiff, 13 v. 14 M. PALLARES, 15 Case No. 1:20-cv-00623-AWI-JLT (PC) AMENDED ORDER DIRECTING DEFENDANTS TO RESPOND (Doc. 21) Defendant. 21-DAY DEADLINE 16 17 On August 20, 2020, the Court denied Plaintiff’s motion to proceed in forma pauperis and 18 dismissed this action without prejudice to refiling it upon prepayment of the filing fee. (Doc. 16.) 19 The Court served this order to plaintiff by mail on the same date. On October 9, 2020, Plaintiff 20 filed a notice of appeal of the dismissal, which was dated October 1, 2020. (Doc. 18.) 21 Noting the notice of appeal appeared untimely on its face, the Court of Appeals ordered 22 plaintiff to show cause why the appeal should not be dismissed. In her response, Ms. Belyew 23 contends, 24 25 26 27 28 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 1 2 filed a timely notice of appeal.1 Within 7 days of the filing of Defendant’s response, Plaintiff 3 may file a reply to the response, though she is not required to do so. 4 5 IT IS SO ORDERED. Dated: 6 February 16, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The defendants SHALL have their responsive document to be hand-delivered to the plaintiff, so she can respond within the seven-day deadline. 2

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