Xiong v. Whitten
| FUE XIONG |
| RICK WHITTEN |
| 23-5024 |
| March 3, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Prisoner Petitions - Habeas Corpus |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| [10993108] Jurisdictional Defect; Procedural termination after other judicial action; Written, unsigned, unpublished. Judges Holmes, Briscoe and Matheson. [23-5024] [Entered: 04/20/2023 11:26 AM] |
| [10992994] District court order granting leave to proceed in forma pauperis filed. [23-5024] [Entered: 04/20/2023 06:05 AM] |
| [10989725] Miscellaneous correspondence received from Fue Xiong but not filed. Response letter sent. Served on 04/07/2023. Manner of Service: email, US mail. [23-5024] [Entered: 04/07/2023 11:28 AM] |
| [10989729] Entry of appearance filed by Fue Xiong. CERT. OF INTERESTED PARTIES: n. Served on 04/07/2023. Manner of Service: email (postmarked US mail 03/31/2023) [23-5024] [Entered: 04/07/2023 11:30 AM] |
| [10988471] Response filed by Fue Xiong to [ # 10982374-2 ], order. Served on 04/03/2023. Manner of Service: email. (Postmarked US mail 03/28/23) [23-5024] [Entered: 04/03/2023 12:47 PM] |
| [10982374] Order filed by Clerk of the Court lifting the abatement of this appeal. Appellant shall respond in writing why this appeal should not be dismissed for lack of appellate jurisdiction due to the untimely filing of the notice of appeal. Response due on 03/27/2023 for Fue Xiong. Briefing on the merits is suspended. Served on 03/09/2023. [23-5024] [Entered: 03/09/2023 03:04 PM] |
| [10981852] District Court order filed. Xiong's motion to reopen the time to appeal filed February 24, 2023 (Dkt. # 40) is denied. To the extent Xiong requests leave to file a motion for a certificate of appealability, that request is denied as moot. [23-5024] [Entered: 03/08/2023 08:46 AM] |
| [10981889] Entry of appearance submitted by Sheri M. Johnson for Appellee Rick Whitten for court review. Certificate of Interested Parties: No. Served on 03/08/2023. Manner of Service: US mail. [23-5024] --[Edited 03/08/2023 by AT to remove PDF as pleading was filed on 3/8/2023.] SMJ [Entered: 03/08/2023 10:09 AM] |
| [10981897] Entry of appearance filed by Sheri M Johnson for Rick Whitten. CERT. OF INTERESTED PARTIES: n. Served on 03/08/2023. Manner of Service: US mail. [23-5024] [Entered: 03/08/2023 10:27 AM] |
| [10981138] Order filed by Clerk of the Court abating case pending district court's ruling on petitioner's motion to appeal out of time. The clerk of the district court is directed to supplement the preliminary record with the district court's order after it's been ruled on. Served on 03/06/2023. [23-5024] [Entered: 03/06/2023 09:13 AM] |
| [10980931] Prisoner case docketed. DATE RECEIVED: 03/03/2023. Notice of appearance due on 03/17/2023 for Rick Whitten. Notice of appearance and fee or ifp forms due 04/03/2023 for Fue Xiong [23-5024] [Entered: 03/03/2023 01:19 PM] |
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| Petitioner / appellant: FUE XIONG | |
| Represented By: | Fue Xiong |
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| Respondent / appellee: RICK WHITTEN | |
| Represented By: | Sheri M. Johnson |
| Represented By: | Ashley L. Willis |
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