Williams v. Hutson, et al.

Filing 99

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/7/2021 DENYING 98 Motion to reopen the time to appeal this action. The Clerk of Court is directed to close this case. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Antonio Ronnell Williams,

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Plaintiff,

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v.

No. 2:16-cv-01495-KJM-AC

ORDER

Hutson, et al.,
Defendants.

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Plaintiff Williams is a state prisoner, proceeding pro se. In June 2021, the Ninth Circuit

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remanded this matter requesting the trial court make a factual finding regarding whether Mr.

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Williams delivered his notice of appeal to prison officials within fourteen (14) days after

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receiving notice of the entry of judgment. See Remand Order, ECF No. 92. The court made this

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factual finding in its September 21, 2021 order. See Order (September 21, 2021) at 4, ECF

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No. 97. That order provides a detailed factual and procedural background of this case,

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incorporated by reference here.

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The Circuit also requested that this court “rule on the motion to reopen the time to appeal”

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under Federal Rule of Appellate Procedure 4(c). See Remand Order at 2–3. In its September 21

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order, the court permitted Mr. Williams to submit a supplement that complies with

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Fed. R. App. P. 4(a)(6), clarifying whether he declares, certifies, verifies, or states under penalty

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of perjury that the claims in his supplement, ECF No. 95, are true and correct.

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Mr. Williams timely filed an additional supplement; however, he only summarized the

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same allegations he previously raised in his original supplement, without clarifying whether he

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declares, certifies, verifies, or states under penalty of perjury that the claims in his July 21, 2021

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supplement, ECF No. 95, are true and correct. See generally Supplement, ECF No. 98. While he

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includes the word “verifies” on the first page of the supplement, the filing does not otherwise

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satisfy the requirements the court outlined in its September 21 order. See id. The court therefore

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denies Mr. Williams motion to reopen the time to appeal this action. The Clerk of Court is

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directed to close this case.

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This order resolves ECF No. 98.
DATED: November 7, 2021.

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