Sanchez v. Divris
| OSCAR SANCHEZ |
| MATTHEW DIVRIS, Superintendent, North Central Correctional Institution at Gardner |
| 23-1172 |
| February 23, 2023 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
Docket Report
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ORDER entered: Upon consideration of motion, appellant's motion for leave to use original records from the United States District Court on appeal is granted. [23-1172] (JMK) [Entered: 04/13/2023 04:14 PM]
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| MOTION for leave to use original records from the United States District Court on appeal filed by Appellant Oscar Sanchez. Served on 04/10/2023. [23-1172]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMK) [Entered: 04/12/2023 01:40 PM] |
| MOTION for appointment of counsel filed by Appellant Oscar Sanchez. Served on 04/10/2023. [23-1172] (JMK) [Entered: 04/12/2023 01:42 PM] |
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ORDER entered. This court has docketed petitioner's appeal from the denial of a final order entered in a proceeding brought pursuant to 28 U.S.C. 2254. The case cannot go forward unless a certificate of appealability issues. 28 U.S.C. 2253. The district court issued a certificate of appealability as to the following issues: The timeliness of the Petition for Writ of Habeas Corpus and if there is a basis for equitable tolling. If petitioner wants appellate review of any issue as to which the district court did not issue a certificate of appealability, petitioner must apply to the court of appeals for an expanded certificate of appealability by April 10, 2023. Bui v. DiPaolo, 170 F.3d 232, 237 (1st Cir. 1999); 1st Cir. R. 22.0(c)(2). Petitioner's memorandum requesting an expanded certificate of appealability must be explicit as to the additional issues the petitioner wishes this court to consider, giving specific and substantial reasons, and not mere generalizations, why an expanded certificate of appealability should issue, and should be accompanied by a copy of the district court order. 1st Cir. R. 22.0(c)(2). After April 10, 2023, if petitioner fails to apply for an expanded certificate of appealability, then the appeal will proceed only with respect to the issue or issues as to which the district court issued a certificate of appealability. [23-1172] (GAK) [Entered: 03/09/2023 03:00 PM]
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SUPPLEMENTAL record filed. Docket entries: 23 (USCA order directing the District Court to specify as to which issues the certificate of appealability was granted) and 24 (Electronic Order entered on March 8, 2023 by Judge Young granting a certificate of appealability as to the untimely petition and that there is no basis for equitable tolling). [23-1172]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GAK) [Entered: 03/09/2023 09:47 AM]
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ORDER entered. This court has docketed petitioner's appeal from the denial of the petition for relief pursuant to 28 U.S.C. 2254 in Civil Action No. 1:22-cv-10676-WGY (D. Mass.). On January 31, 2023, the district court granted by electronic order a certificate of appealability. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, "[i]f the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. 2253(c)(2)." We request that the District Court specify as to which issues the certificate was granted. Copies of the district court's ruling shall be forwarded to this court. See Fed. R. App. P. 22(b)(1). [23-1172] (JMK) [Entered: 03/07/2023 08:34 AM]
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| Request to proceed in forma pauperis on appeal filed by Appellant Oscar Sanchez was granted in the district court by order dated 02/21/2023. [23-1172] (JMK) [Entered: 03/07/2023 08:22 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #17) filed by Appellant Oscar Sanchez. [23-1172] (JMK) [Entered: 02/23/2023 07:58 AM] |
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| Petitioner / appellant: OSCAR SANCHEZ | |
| Represented By: | Oscar Sanchez |
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| Respondent / appellee: MATTHEW DIVRIS, Superintendent, North Central Correctional Institution at Gardner | |
| Represented By: | Gabriel Thomas Thornton |
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