IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 16, 2011
UNITED STATES OF AMERICA,
ESDRAS FERREIRA MACEDO, DEFENDANT-APPELLANT.
D.C. NO. 1:10-CR-00413-OWW (E.D. Calif., Yosemite)
The opinion of the court was delivered by: Oliver W. Wanger United States District Court Judge
BENJAMIN B. WAGNER United States Attorney BRIAN W. ENOS Assistant U.S. Attorney MISDEMEANOR UNIT 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone (559) 497-4000
PLAINTIFF-APPELLEE'S MOTION TO DISMISS APPEAL FOR FAILURE TO PROSECUTE PURSUANT TO CIRCUIT RULE 42-1;
Plaintiff-Appellee respectfully requests the Court to dismiss Defendant-Appellant's Appeal as Defendant-Appellant failed to timely comply with this Court's Briefing Schedule dated October 6, 2010. To wit: no transcripts were ever ordered, nor did Defendant-Appellant file an opening brief within the prescribed time.
The Court may dismiss the appeal pursuant to Circuit Rule 42-1 if the appellant fails to file a brief within the time allowed by Fed. R. App.P 31(a) or an extension thereof. Pursuant to Local Rule 422 and Fed. R. Crim.P. 58(g)(2)(D) ". . . . The scope of the appeal is the same as in an appeal to the court of appeals from a judgment entered by a district judge."
As of May 4, 2011, Defendant-Appellant has not filed his opening brief nor has he requested an extension of time in which to file his opening brief. The government, therefore, moves to dismiss this action for failure to prosecute.
IT IS HEREBY ORDERED that Defendant-Appellant's Appeal be dismissed, without prejudice and in the interest of justice.
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