Opinion
20-2170
06-30-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MATTHEW RAY VALENZUELA, Defendant-Appellant.
(D.C. No. 2:17-CR-02141-WJ-1) (D. N.M.)
ORDER
This matter is before the court because Appellant Matthew Ray Valenzuela has not filed an opening brief in this appeal by June 22, 2021, as previously directed by the court.
In a February 10, and February 26, 2021 orders, this court denied Appellant's motion for a discretionary appointment of counsel and directed that Appellant would proceed pro se in this appeal. In separate March 11, 2021 orders, the court directed Appellant to file the opening brief by May 7, 2021, and denied Appellant's motion for appointment of counsel stating that the court would not consider the possibility of appointing counsel for Appellant until the case is fully briefed. No brief was filed by May 7, 2021. On May 19, 2021, the court sent Appellant a deficiency notice informing Appellant to file the opening brief by May 26, 2021, or the appeal may be dismissed without further notice for failure to prosecute pursuant to 10th Cir. R. 42.1. No brief was filed by May 26, 2021. Finally, in a June 8, 2021 order, the court stated that if no opening brief is filed by June 22, 2021, the court may dismiss this appeal without further notice for failure to prosecute pursuant to 10th Cir. R. 42.1.
Appellant has filed another motion for appointment of counsel that was received by the court on June 29, 2021, but Appellant has not filed the opening brief despite the previous directives by the court.
Because Appellant did not file the opening brief by June 22, 2021 as directed by the court, this appeal is dismissed for failure to prosecute. See 10th Cir. R. 42.1.
The motion for appointment of counsel is denied as moot.
Any motion to reinstate this appeal by Appellant must be accompanied by Appellant's opening brief. See 10th Cir. R. 42.2 (a motion to reinstate an appeal dismissed for failure to prosecute may not be filed unless the failure is remedied or the remedy for the failure accompanies the motion).
A copy of this order shall stand as and for the mandate of this court.