Opinion
2:21-cv-01668-GMN-BNW
10-20-2022
RICKY KALEO ONAALII MANUEL, Plaintiff, v. NORTH LAS VEGAS COMMUNITY CORRECTIONAL CENTER, et al., Defendants.
ORDER
Gloria M. Navarro, District Judge
On April 14, 2022, the Court entered an Order dismissing the case, and on April 15, 2022, the Court entered a Judgment against Plaintiff-Appellant Ricky Kaleo Onaalii Manuel (“Plaintiff-Appellant”). (See Order, ECF No. 11; Judgment, ECF No. 12). On April 25, 2022, the Court was notified that the mail addressed to Plaintiff-Appellant containing the Order and Judgment was returned as undeliverable. (See Minute Order, ECF No. 13). On August, 22, 2022, Plaintiff-Appellant filed a Notice of Appeal as to the Order and Judgment.
On October 19, 2022, the Ninth Circuit Court of Appeals (“Circuit Court”) construed Plaintiff-Appellant's pro se Notice of Appeal as a Motion to Reopen the Time for Appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). (See Circuit Court Order at 1, No. 2216286, ECF No. 7). The Circuit Court noted that although the Notice of Appeal was untimely, Plaintiff-Appellant alleged that he did not receive timely notice of entry of judgment. (Id.) This Court must now rule on the Motion to Reopen the Time for Appeal.
The Court recognizes that Plaintiff-Appellant's failure to receive the Order and Judgment prevented him from timely filing a Notice of Appeal. Accordingly, IT IS HEREBY ORDERED that the Motion to Reopen the Time for Appeal is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court is instructed to serve a copy of this Order to the Circuit Court. Per the Circuit Court Order, Plaintiff-Appellant does not need to file a new notice of appeal. (See Circuit Order at 2).