USA v. Elijah Smith
| UNITED STATES OF AMERICA |
| ELIJAH SMITH, a/k/a LIJ |
| 23-3075 |
| November 22, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner Petition-Vacate Sentence |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Document titled Explanation of Request. Certificate of Service dated 12/29/2023. Service made by US mail. (SB) [Entered: 01/10/2024 09:38 AM] |
| Filing 10 MOTION filed by Appellant Mr. Elijah Smith for Certificate of Appealability. Response due on 01/22/2024. Certificate of Service dated 12/20/2023. Service made by US mail. (SB) [Entered: 01/10/2024 09:31 AM] |
Filing 9
ORDER (Clerk)The Motion by Appellant for Extension of Time to File Application for Certificate of Appealability is granted as follows. After the motion was filed, the Clerk sent a letter setting a deadline for the appellants application for a certificate of appealability. As stated in that letter, Appellants application for a certificate of appealability must be filed on or before January 10, 2024. If Appellant requires additional time, he may file a new extension motion. If Appellant does not file an application for a certificate of appealability by the deadline established, Appellants notice of appeal will be deemed to be such an application and will be submitted by the Clerk of this Court to a panel of the Court for consideration. See Fed. R. App. P. 22(b)(2). (SB) [Entered: 12/22/2023 12:18 PM]
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| Filing 8 LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for a decision on the issuance of certificate of appealability. (ZM) [Entered: 12/20/2023 12:37 PM] |
| Filing 6 COPY OF OPINION/ORDER OF DISTRICT COURT dated signed by John Milton Younge. It is Ordered that a Certificate of Appealability will not issue. (SB) [Entered: 12/20/2023 11:13 AM] |
| Filing 7 MOTION filed by Appellant Mr. Elijah Smith treated as a Motion to Extend Time to File a Certificate of Appealability. Certificate of Service dated 12/09/2023. Service made by US mail. (SB) [Entered: 12/20/2023 11:16 AM] |
| Filing 5 ECF FILER: STATUS REPORT received from Appellee USA. Certificate of Service dated 11/29/2023. Service made by ECF. [23-3075] (RAZ) [Entered: 11/29/2023 09:31 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Robert Zauzmer on behalf of Appellee(s) United States of America. [23-3075] (RAZ) [Entered: 11/29/2023 12:05 AM] |
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Filing 3
ORDER (Clerk) remanding appeal to District Court for the purpose of either issuance of a certificate of appealability or a statement of reasons why one should not issue. The appeal is STAYED pending determination by the District Court. It is ordered that the parties file a status report to be filed on or before 12/27/2023 and every 30 days thereafter until a determination is made by the District Court. (SB) [Entered: 11/27/2023 01:45 PM]
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| Filing 2 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 11/22/2023 11:06 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Elijah Smith in District Court No. 2-04-cr-00411-001,2-05-cr-00126-002. (SB) [Entered: 11/22/2023 11:03 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Eileen C. Geiger Esq. |
| Represented By: | Francis A. Weber Esq. |
| Represented By: | Robert A. Zauzmer Esq. |
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| Defendant / appellant: ELIJAH SMITH, a/k/a LIJ | |
| Represented By: | Elijah Smith |
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