Matthew Davies v. Michael Benov
| MATTHEW ROWAN DAVIES |
| MICHAEL BENOV |
| MARK LENO, California Senator (SD-11) and LONI HANCOCK, California Senator (SD-09) |
| 15-17256 |
| November 13, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 50 MANDATE ISSUED.(KMW, RMG and CMC) [10502121] (JFF) [Entered: 07/10/2017 09:16 AM] |
| Filing 49 FILED OPINION (KIM MCLANE WARDLAW, RONALD M. GOULD and CONSUELO M. CALLAHAN) AFFIRMED. Judge: RMG Authoring, FILED AND ENTERED JUDGMENT. [10437343] (RMM) [Entered: 05/17/2017 07:19 AM] |
| Filing 48 Filed (ECF) Appellant Matthew Rowan Davies Correspondence: Firm Name and Email address change. Date of service: 03/21/2017 [10365910] [15-17256] (Harris, Cody) [Entered: 03/21/2017 02:39 PM] |
| Filing 47 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10359972] (TG) [Entered: 03/16/2017 03:12 PM] |
| Filing 46 ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, RONALD M. GOULD and CONSUELO M. CALLAHAN. [10357653] (RL) [Entered: 03/15/2017 01:33 PM] |
| Filing 45 Filed (ECF) Appellant Matthew Rowan Davies Correspondence: Update regarding custodial status. Date of service: 03/08/2017 [10349285] [15-17256] (Harris, Cody) [Entered: 03/08/2017 04:50 PM] |
| Filing 44 Filed (ECF) Appellee Michael Benov citation of supplemental authorities. Date of service: 03/06/2017. [10345333] [15-17256] (Broderick, Gregory) [Entered: 03/06/2017 04:48 PM] |
| Filing 43 Filed (ECF) Appellant Matthew Rowan Davies citation of supplemental authorities. Date of service: 03/01/2017. [10338217] [15-17256] (Harris, Cody) [Entered: 03/01/2017 12:00 PM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Cody S. Harris for Appellant Matthew Rowan Davies. [10256437] [15-17256] (Harris, Cody) [Entered: 01/05/2017 04:24 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Gregory Thomas Broderick, I, Esquire for Appellee Michael Benov. [10255992] [15-17256] (Broderick, Gregory) [Entered: 01/05/2017 01:30 PM] |
| Filing 40 Notice of Oral Argument on Wednesday, March 15, 2017 - 09:30 A.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10254274] (AKM) [Entered: 01/04/2017 12:57 PM] |
| Filing 39 This case is being considered for the March 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10210496] (AW) [Entered: 11/25/2016 09:39 AM] |
| Filing 38 Filed (ECF) Appellee Michael Benov Correspondence: Regarding availability for oral argument.. Date of service: 10/31/2016 [10179989] [15-17256] (Broderick, Gregory) [Entered: 10/31/2016 01:39 PM] |
| Filing 37 This case is being considered for the February 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10176123] (AW) [Entered: 10/27/2016 11:42 AM] |
| Filing 35 Filed clerk order (Deputy Clerk: WL): This case is removed from the November 15, 2016 San Francisco calendar and will be rescheduled on the next available calendar. [10162446] (WL) [Entered: 10/17/2016 03:41 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Gregory Thomas Broderick, I, Esquire for Appellee Michael Benov. [10121095] [15-17256] (Broderick, Gregory) [Entered: 09/13/2016 09:03 AM] |
| Filing 33 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Cody S. Harris for Appellant Matthew Rowan Davies. [10115429] [15-17256] (Harris, Cody) [Entered: 09/07/2016 03:00 PM] |
| Filing 32 Notice of Oral Argument on Tuesday, November 15, 2016 - 09:30 A.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10114868] (AW) [Entered: 09/07/2016 12:08 PM] |
| Filing 31 Filed (ECF) Appellant Matthew Rowan Davies citation of supplemental authorities. Date of service: 08/19/2016. [10093264] [15-17256] (Tassin, Philip) [Entered: 08/19/2016 10:52 AM] |
| Filing 30 This case is being considered for the November 2016 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10066722] (AW) [Entered: 07/28/2016 10:54 AM] |
| Filing 29 Filed 4 paper copies of further excerpts of record [ # 26 ] in 1 volume(s) filed by Appellant Matthew Rowan Davies. [10050486] (SML) [Entered: 07/14/2016 02:06 PM] |
| Filing 28 Received 7 paper copies of Reply Brief [ # 25 ] filed by Matthew Rowan Davies. [10050402] (SD) [Entered: 07/14/2016 01:27 PM] |
| Filing 27 Filed clerk order: The reply brief [ # 25 ] submitted by Matthew Rowan Davies is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the further excerpts of record [ # 26 ] submitted by Matthew Rowan Davies. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10048601] (SML) [Entered: 07/13/2016 11:12 AM] |
| Filing 26 Submitted (ECF) further excerpts of record. Submitted by Appellant Matthew Rowan Davies. Date of service: 07/13/2016. [10048586] [15-17256] (Harris, Cody) [Entered: 07/13/2016 11:03 AM] |
| Filing 25 Submitted (ECF) Reply Brief for review. Submitted by Appellant Matthew Rowan Davies. Date of service: 07/13/2016. [10048582] [15-17256] (Harris, Cody) [Entered: 07/13/2016 11:02 AM] |
| Filing 24 Filed 4 paper copies of supplemental excerpts of record [ # 18 ] in 1 volume(s) filed by Appellee Michael Benov. [10003524] (KT) [Entered: 06/06/2016 01:40 PM] |
| Filing 23 Received 8 paper copies of Answering Brief [ # 17 ] filed by Michael Benov. [10001889] (SD) [Entered: 06/03/2016 01:48 PM] |
| Filing 22 Received 7 paper copies of Amicus Brief [ # 7 ] filed by Loni Hancock and Mark Leno. [10001480] (SD) [Entered: 06/03/2016 11:01 AM] |
| Filing 21 Streamlined request [20] by Appellant Matthew Rowan Davies to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due July 13, 2016. [10000702] (LKK) [Entered: 06/02/2016 03:35 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Matthew Rowan Davies. New requested due date is 07/13/2016. [10000006] [15-17256] (Harris, Cody) [Entered: 06/02/2016 11:43 AM] |
| Filing 19 Filed clerk order: The answering brief [ # 17 ] submitted by Michael Benov is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 18 ] submitted by Michael Benov. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. A review of the Court's docket reflects that amici curiae have not filed the paper copies of the amicus brief [ # 7 ] as directed by the Court's order [ # 9 ] filed on February 29, 2016. Within 7 days of this order, amici curiae are ordered to file 7 copies of the amicus brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9996791] (KT) [Entered: 05/31/2016 02:38 PM] |
| Filing 18 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Michael Benov. Date of service: 05/27/2016. [9996697]--[COURT ENTERED FILING to replace incorrect entry [16].] (LA) [Entered: 05/31/2016 02:22 PM] |
| Filing 17 Submitted (ECF) Answering Brief for review. Submitted by Appellee Michael Benov. Date of service: 05/27/2016. [9996689]--[COURT ENTERED FILING to replace incorrect entry [16].] (LA) [Entered: 05/31/2016 02:21 PM] |
| Filing 16 COURT DELETED INCORRECT ENTRY. Brief and excerpts refiled correctly in new entries [ # 17 ] and [ # 18 ]. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 17 ] and [ # 18 ]. Original Text: Filed (ECF) Appellee Michael Benov answer to Original Habeas petition. Date of service: 05/27/2016. [9995129] [15-17256] (Broderick, Gregory) [Entered: 05/27/2016 05:07 PM] |
| Filing 15 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) late motion to extend time to file the answering brief. The answering brief is due 05/27/2016. The optional reply brief is due 14 days after service of the answering brief. [9986531] (AT) [Entered: 05/23/2016 10:45 AM] |
| Filing 14 Filed (ECF) Appellee Michael Benov Unopposed Motion to extend time to file Answering brief until 05/27/2016. Date of service: 05/19/2016. [9983315] [15-17256] (Broderick, Gregory) [Entered: 05/19/2016 11:59 AM] |
| Filing 13 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the answering brief. The answering brief is due 05/20/2016. The optional reply brief is due 14 days after service of the answering brief. [9959959] (AT) [Entered: 05/02/2016 10:36 AM] |
| Filing 12 Filed (ECF) Appellee Michael Benov Unopposed Motion to extend time to file Answering brief until 05/20/2016. Date of service: 04/29/2016. [9958508] [15-17256] (Broderick, Gregory) [Entered: 04/29/2016 12:29 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the answering brief. The answering brief is due 05/06/2016. The optional reply brief is due 14 days after service of the answering brief. [9886454] [15-17256] (AT) [Entered: 03/02/2016 12:59 PM] |
| Filing 10 Filed (ECF) Appellee Michael Benov Motion to extend time to file Answering brief until 05/06/2016. Date of service: 03/02/2016. [9885756] [15-17256] (Broderick, Gregory) [Entered: 03/02/2016 08:55 AM] |
| Filing 9 Filed clerk order: The amicus brief [ # 7 ] submitted by Loni Hancock and Mark Leno is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9882828] (TLH) [Entered: 02/29/2016 02:31 PM] |
| Filing 8 Entered appearance of Amici Curiae Mark Leno, California Senator (SD-11) and Loni Hancock, California Senator (SD-09). [9882815] (TLH) [Entered: 02/29/2016 02:30 PM] |
| Filing 7 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Senators Mark Leno (SD-11) and Loni Hancock (SD-09). Date of service: 02/26/2016. [9880493] [15-17256] (Au, Benjamin) [Entered: 02/26/2016 02:13 PM] |
| Filing 6 Received 7 paper copies of Opening brief [ # 2 ] filed by Matthew Rowan Davies. [9877479] (SD) [Entered: 02/24/2016 04:27 PM] |
| Filing 5 Filed Appellant Matthew Rowan Davies paper copies of excerpts of record [ # 3 ] in 2 volume(s). [9876889] (SML) [Entered: 02/24/2016 01:31 PM] |
| Filing 4 Filed clerk order: The opening brief [ # 2 ] submitted by Matthew Rowan Davies is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 3 ] submitted by Matthew Rowan Davies. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9873197] (TLH) [Entered: 02/22/2016 02:25 PM] |
| Filing 3 Submitted (ECF) excerpts of record. Submitted by Appellant Matthew Rowan Davies. Date of service: 02/19/2016. [9870906] [15-17256] (Harris, Cody) [Entered: 02/19/2016 10:56 AM] |
| Filing 2 Submitted (ECF) Opening Brief for review. Submitted by Appellant Matthew Rowan Davies. Date of service: 02/19/2016. [9870893] [15-17256] (Harris, Cody) [Entered: 02/19/2016 10:49 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Matthew Rowan Davies opening brief due 02/19/2016. Appellee Michael Benov answering brief due 03/21/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9754639] (RT) [Entered: 11/13/2015 09:33 AM] |
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