Bryan Mincey v. Ron Davis
| BRYAN JOSEPH MINCEY |
| RONALD DAVIS, Warden, Warden of California State Prison at San Quentin |
| 15-56264 |
| August 19, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus: Death Penalty |
Docket Report
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| Filing 65 Supreme Court Case Info Case number: 17-8407 Filed on: 12/17/2017 Cert Petition Action 1: Denied, 05/21/2018 Cert Rehearing: Denied, 10/29/2018 [11067445] (RR) [Entered: 10/31/2018 12:58 PM] |
| Filing 64 Supreme Court Case Info Case number: 17-8407 Filed on: 12/17/2017 Cert Petition Action 1: Denied, 05/21/2018 [10882370] (RR) [Entered: 05/22/2018 07:11 PM] |
| Filing 63 Supreme Court Case Info Case number: 17-8407 Filed on: 12/17/2017 Cert Petition Action 1: Pending [10828948] (HH) [Entered: 04/09/2018 11:11 AM] |
| Filing 62 Filed Appellant Bryan Joseph Mincey letter dated 01/10/2018 re: request docket sheet (sent copy). Paper filing deficiency: None. [10726927] (JFF) [Entered: 01/17/2018 10:30 AM] |
| Filing 61 Filed order (DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ and JOHNNIE B. RAWLINSON) The Motion to Proceed in Forma Pauperis submitted by Appellant Bryan Joseph Mincey on November 16, 2017, is rejected, as the mandate has issued. The Petition for Rehearing En Banc submitted by Appellant Bryan Joseph Mincey on November 16, 2017, is rejected, as the mandate has issued. The Petitioners Request Stay of Mandate Pending Petition for Rehearing En Banc and Petition for Certiorari submitted by Appellant Bryan Joseph Mincey on November 24, 2017, is rejected. Petitioner has failed to make the required showing of extraordinary circumstances to warrant recall of the mandate. See Calderon v. Thompson, 523 U.S. 538, 549-50 (1998). The Motion Seeking Clarification of General Docket Entered 2/22/16 (#[ # 14 ]), submitted by Appellant Bryan Joseph Mincey on December 1, 2017, is rejected. No further filings will be entertained in this closed case. [10681844] (WL) [Entered: 12/07/2017 09:24 AM] |
| Filing 60 Filed Appellant Bryan Joseph Mincey motion seeking clarification. (panel). Deficiency: Mandate issued. [10676457]-[Edited 12/06/2017 by JFF] (JFF) [Entered: 12/04/2017 11:55 AM] |
| Filing 59 Criminal Justice Act electronic voucher created. (Counsel: Mr. Michael S. Magnuson for Bryan Joseph Mincey) [10668980] (DO) [Entered: 11/28/2017 10:28 AM] |
| Filing 58 Filed Appellant Bryan Joseph Mincey motion to stay mandate. Deficiencies: Mandate issued. Served on 11/21/2017. [10667242] (JFF) [Entered: 11/27/2017 11:04 AM] |
| Filing 57 ENTRY UPDATED. ORIGINAL TEXT: Filed Appellant Bryan Joseph Mincey letter dated 11/19/2017 re: Miscellaneous statements concerning case. Paper filing deficiency: None. (Request for case status. Sent copy of docket sheet) [10666087] (RL) [Entered: 11/24/2017 11:38 AM] |
| Filing 54 MANDATE ISSUED.(DFO, FFF and JBR) [10658173] (HH) [Entered: 11/17/2017 09:28 AM] |
| Filing 56 Filed Appellant Bryan Joseph Mincey motion to proceed In Forma Pauperis. Deficiencies: Mandate issued. Served on 11/12/2017. (FYI PANEL) [10662874] (RL) [Entered: 11/21/2017 12:48 PM] |
| Filing 55 Filed Appellant Bryan Joseph Mincey petition for rehearing en banc only Number of Pages 5. Served on 11/12/2017. Deficiency: Mandate issued; Missing copy of 10/26/17 memorandum. Panel will advise clerk as to when or if the petition for rehearing en banc shall be circulated. (PANEL, (Panel: DFO, FFF and JBR) [10662867] (RL) [Entered: 11/21/2017 12:45 PM] |
| Filing 53 Filed order (DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ and JOHNNIE B. RAWLINSON) Appellant Counsels Motion to Withdraw, filed on November 9, 2017, is GRANTED. [10657172] (WL) [Entered: 11/16/2017 02:13 PM] |
| Filing 52 Filed (ECF) Appellant Bryan Joseph Mincey Motion to withdraw as counsel. Date of service: 11/09/2017. [10649792] [15-56264] (Cairl, Jack) [Entered: 11/09/2017 02:14 PM] |
| Filing 51 FILED MEMORANDUM DISPOSITION (DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ and JOHNNIE B. RAWLINSON) AFFIRMED. FILED AND ENTERED JUDGMENT. [10632199] (MM) [Entered: 10/26/2017 10:00 AM] |
| Filing 50 Filed letter from pro se re: case information. Deficiency: party has counsel.(FYI Panel) [10629782] (JFF) [Entered: 10/24/2017 02:08 PM] |
| Filing 49 Received notice of change of address dated 08/30/2017 from. New address: request docket sheet (sent docket sheet). [10567220] (JFF) [Entered: 09/01/2017 11:39 AM] |
| Filing 48 Filed Appellant Bryan Joseph Mincey letter dated 08/08/2017 re: request docket sheet(sent copy). Paper filing deficiency: None. [10540525] (JFF) [Entered: 08/10/2017 04:05 PM] |
| Filing 47 Sent Appellant a copy of the docket sheet in response to his letter of request filed on 03/24/2017. [10372214] (JR) [Entered: 03/27/2017 10:59 AM] |
| Filing 46 Filed Appellant Bryan Joseph Mincey letter dated 03/22/2017 re: request copy of docket sheet. Paper filing deficiency: None. [10371345] (JFF) [Entered: 03/24/2017 04:19 PM] |
| Filing 45 Sent letter to Appellant explaining the court does not provide transcripts of oral argument in response to his letter of request filed 11/09/2016. Advised audio files are available on the court website. Sent a copy of the docket sheet. [10197545] (JR) [Entered: 11/15/2016 01:16 PM] |
| Filing 44 Filed Appellant Bryan Joseph Mincey letter dated re: request copy of oral argument transcipt. Paper filing deficiency: None. [10195947] (JFF) [Entered: 11/14/2016 03:42 PM] |
| Filing 43 ARGUED AND SUBMITTED TO DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ and JOHNNIE B. RAWLINSON. [10188139] (DLM) [Entered: 11/07/2016 10:57 AM] |
| Filing 42 Filed clerk order: The supplemental brief [ # 41 ] submitted by Ron Davis is filed. Per the Court's order [ # 40 ] filed on 10/14/2016, no paper copies of the supplemental brief are required. [10178498] (SML) [Entered: 10/28/2016 03:05 PM] |
| Filing 41 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Ron Davis. Date of service: 10/28/2016. [10178169] [15-56264] --[COURT UPDATE: Updated docket text to reflect correct brief type and party filer. 10/28/2016 by TYL] (White, Meredith) [Entered: 10/28/2016 01:36 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: WL): Respondent-Appellee shall file supplemental briefing addressing whether a certificate of appealability should be granted on the following uncertified issues presented in Petitioner-Appellants opening brief: 2. Whether, in an Order dated July 5, 2012 (ER 60-62), the District Court erroneously denied Appellants claim 16(d) for ineffective assistance of counsel for failure to consult an independent pathologist and to investigate medical evidence of cause of death, and erroneously denied Appellants request for an evidentiary hearing on the claim, 3. Whether, in an Order dated June 15, 2015 (ER 14-18), the District Court erroneously denied Appellants claim 16(k) for ineffective assistance of counsel for failure to move to exclude false statements of Sheriffs deputies during Appellants interrogation, and 4. Whether, in an Order dated June 27, 2014 (ER 31-36), the District Court erroneously denied Appellants claim 16(f) for ineffective assistance of counsel for the decision to call, at the guilt phase, the prosecutions penalty phase expert witness Dr. Anthony Oliver. Such briefing shall be no longer than 10,000 words and shall be filed no later than 14 days from the date of this order. The Respondent-Appellee is directed to file this brief electronically without submission of paper copies. [10159696] (WL) [Entered: 10/14/2016 11:15 AM] |
| Filing 39 Filed Appellant Bryan Joseph Mincey letter dated 09/29/2016 re: request docket sheet(sent copy). Paper filing deficiency: None. [10146549] (JFF) [Entered: 10/03/2016 03:10 PM] |
| Filing 38 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Meredith S White, Esquire for Appellee Ron Davis. [10139728] [15-56264] (White, Meredith) [Entered: 09/27/2016 04:32 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Michael S. Magnuson for Appellant Bryan Joseph Mincey. [10139315] [15-56264] (Magnuson, Michael) [Entered: 09/27/2016 02:40 PM] |
| Filing 36 Filed Appellant Bryan Joseph Mincey pro se in support of reply. Served on 09/14/2016. Deficiency: party has counsel. (FYI PANEL) [10126878] (RL) [Entered: 09/16/2016 03:46 PM] |
| Filing 35 Authorization for CJA attorney Mr. Michael S. Magnuson for Bryan Joseph Mincey to travel to Pasadena to attend oral argument on 11/07/2016. See attached letter for details. [10108365] (DR) [Entered: 08/31/2016 01:13 PM] |
| Filing 34 Authorization for CJA attorney Mr. Jack G. Cairl for Bryan Joseph Mincey to travel to Pasadena to attend oral argument on 11/07/2016. See attached letter for details. [10108360] (DR) [Entered: 08/31/2016 01:11 PM] |
| Filing 33 Notice of Oral Argument on Monday, November 7, 2016 - 09:00 A.M. - Courtroom 3 - Pasadena 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: PASADENA Office. [10108353] (DR) [Entered: 08/31/2016 01:08 PM] |
| Filing 32 This case is being considered for the November 2016 Pasadena 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.[10063752] (AW) [Entered: 07/26/2016 02:10 PM] |
| Filing 31 Received 7 paper copies of Reply Brief [ # 29 ] filed by Bryan Joseph Mincey. [10049053] (SD) [Entered: 07/13/2016 02:32 PM] |
| Filing 30 Filed clerk order: The reply brief [ # 29 ] submitted by Bryan Joseph Mincey 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. [10042836] (SML) [Entered: 07/07/2016 04:09 PM] |
| Filing 29 Submitted (ECF) Reply Brief for review. Submitted by Appellant Bryan Joseph Mincey. Date of service: 07/07/2016. [10042553] [15-56264] (Cairl, Jack) [Entered: 07/07/2016 02:26 PM] |
| Filing 28 Streamlined request [27] by Appellant Bryan Joseph Mincey to extend time to file the reply brief is approved in part. Amended briefing schedule: the reply brief is due July 8, 2016. [10014020] (AT) [Entered: 06/14/2016 11:26 AM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Bryan Joseph Mincey. New requested due date is 07/22/2016. [10013930] [15-56264] (Cairl, Jack) [Entered: 06/14/2016 10:59 AM] |
| Filing 26 Received 7 paper copies of Answering Brief [ # 24 ] filed by Ron Davis. [9989269] (SD) [Entered: 05/24/2016 03:01 PM] |
| Filing 25 Filed clerk order: The answering brief [ # 24 ] submitted by Ron Davis 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. [9986180] (TLH) [Entered: 05/23/2016 08:31 AM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellee Ron Davis. Date of service: 05/20/2016. [9985716] [15-56264] (White, Meredith) [Entered: 05/20/2016 03:33 PM] |
| Filing 23 CJA 21 travel voucher processed for Mr. Jack G. Cairl for Bryan Joseph Mincey. CJA 21 Number: 032016. [9938135] (MV) [Entered: 04/13/2016 11:49 AM] |
| Filing 22 GTA bill reconciled for Mr. Jack G. Cairl for Bryan Joseph Mincey. Paid/Canceled: Paid. Authorization Number: 9CJA15-562640316 (Client Meeting in San Quentin). [9934810] (AC) [Entered: 04/11/2016 01:33 PM] |
| Filing 21 ENTRY UPDATED. ORIGINAL TEXT: Streamlined request [20] by Appellee Ron Davis to extend time to file the answering brief is approved. Amended briefing schedule: Appellee Ron Davis answering brief is due 05/20/2016. The optional reply brief is due within 14 days after the date of service of the answering brief. [9929901] Streamlined request [20] by Appellee Ron Davis to extend time to file the brief is approved. Amended briefing schedule:. The optional reply brief, not to exceed 9,000 words, is due within 30 days after the date of service of the answering brief. [9929901]--[Edited 05/26/2016 by DO] (DO) [Entered: 04/06/2016 02:17 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Ron Davis. New requested due date is 05/20/2016. [9929234] [15-56264] (White, Meredith) [Entered: 04/06/2016 10:24 AM] |
| Filing 19 Received 7 paper copies of Opening brief [ # 11 ] filed by Bryan Joseph Mincey. [9887697] (SD) [Entered: 03/03/2016 09:15 AM] |
| Filing 18 Filed Appellant Bryan Joseph Mincey paper copies of excerpts of record [ # 12 ] in 3 volume(s). [9887185] (SML) [Entered: 03/02/2016 04:10 PM] |
| Filing 17 CJA travel authorization sent to Mr. Jack G. Cairl for Bryan Joseph Mincey. Authorization number 9CJA15-562640316 (Client Meeting per CJA eVoucher approval). [9880707] (KB) [Entered: 02/26/2016 02:42 PM] |
| Filing 16 Criminal Justice Act electronic voucher created. (Counsel: Mr. Jack G. Cairl for Bryan Joseph Mincey) [9874703] (JN) [Entered: 02/23/2016 11:34 AM] |
| Filing 15 Filed clerk order: The opening brief [ # 11 ] submitted by Bryan Joseph Mincey 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 [ # 12 ] submitted by Bryan Joseph Mincey. 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. [9873588] (TLH) [Entered: 02/22/2016 04:04 PM] |
| Filing 14 Filed order (Appellate Commissioner): When on appeal a case is no longer a capital case, this Court ordinarily limits the briefs to the word limitation rules for non-capital cases. See Fed. R. App. P. 32(a)(7)(B) (14,000 words for principal briefs and 7,000 words for reply briefs); cf. 9th Cir. R. 32-4 (21,000 words for principal briefs and 9,800 words for reply briefs in capital cases). Appellants Motion To File Late Brief is construed as a motion to file an oversized opening brief of 18,658 words. So construed, the motion is granted. The Clerk shall file the opening brief submitted on February 10, 2016. The briefing schedule is reset as follows. The answering brief, not to exceed 18,658 words, is due April 21, 2016. The reply brief, not to exceed 9,000 words, is due within 30 days after service of the answering brief. [9873446] (HH) [Entered: 02/22/2016 03:28 PM] |
| Filing 13 Filed (ECF) Appellant Bryan Joseph Mincey Motion to file a late brief. Date of service: 02/11/2016. [9863479] [15-56264] (Cairl, Jack) [Entered: 02/11/2016 05:08 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Bryan Joseph Mincey. Date of service: 02/10/2016. [9861273] [15-56264] (Cairl, Jack) [Entered: 02/10/2016 01:11 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Bryan Joseph Mincey. Date of service: 02/10/2016. [9861267] [15-56264] --[COURT UPDATE: Attached corrected brief. 02/12/2016 by TYL] (Cairl, Jack) [Entered: 02/10/2016 01:07 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: LKK): Granting Motion (ECF Filing) filed by Appellant Bryan Joseph Mincey; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellant Bryan Joseph Mincey Appellant Bryan Joseph Mincey opening brief due 02/12/2016. Appellee Ron Davis answering brief due 03/14/2016. The optional reply brief is due 14 days after service of the answering brief. [9837753] (LKK) [Entered: 01/22/2016 05:00 PM] |
| Filing 9 Filed (ECF) Appellant Bryan Joseph Mincey Unopposed Motion to extend time to file Opening brief until 02/12/2016. Date of service: 01/22/2016. [9836953] [15-56264] (Cairl, Jack) [Entered: 01/22/2016 12:27 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the opening brief. The opening brief is due 01/29/2016. The answering brief is due 02/29/2016. The optional reply brief is due 14 days after service of the answering brief. [9808223] (AT) [Entered: 12/29/2015 11:12 AM] |
| Filing 7 Filed (ECF) Appellant Bryan Joseph Mincey Motion to extend time to file Opening brief until 01/29/2016. Date of service: 12/24/2015. [9805402] [15-56264] (Cairl, Jack) [Entered: 12/24/2015 02:06 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the opening brief. The opening brief is due 01/08/2016. The answering brief is due 02/08/2016. The optional reply brief is due 14 days after service of the answering brief. [9778430] [15-56264] (AT) [Entered: 12/03/2015 11:49 AM] |
| Filing 5 Filed (ECF) Appellant Bryan Joseph Mincey Unopposed Motion to extend time to file Opening brief until 01/08/2016. Date of service: 12/01/2015. [9774946] [15-56264] (Cairl, Jack) [Entered: 12/01/2015 11:14 AM] |
| Filing 4 Streamlined request [3] by Appellant Bryan Joseph Mincey to extend time to file the opening brief is approved. Amended briefing schedule: the opening brief is due 12/09/2015. The answering brief is due 01/08/2016. The optional reply brief is due 14 days after service of the answering brief. [9709571] (AT) [Entered: 10/07/2015 09:33 AM] |
| Filing 3 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Bryan Joseph Mincey. New requested due date is 12/09/2015. [9709331] [15-56264] (Cairl, Jack) [Entered: 10/07/2015 06:58 AM] |
| Filing 2 Filed (ECF) Appellant Bryan Joseph Mincey Correspondence: Appellant's FRAP 10(b) certification that no transcript will be ordered.. Date of service: 08/24/2015 [9658407] [15-56264] (Cairl, Jack) [Entered: 08/24/2015 04:42 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Transcript ordered by 08/31/2015. Transcript due 09/29/2015. Appellant Bryan Joseph Mincey opening brief due 11/09/2015. Appellee Ron Davis answering brief due 12/08/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9652166] --[COURT UPDATE: To correct briefing schedule; resent NDA - 08/19/2015 by HH] (HH) [Entered: 08/19/2015 09:57 AM] |
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| Petitioner / appellant: BRYAN JOSEPH MINCEY | |
| Represented By: | Bryan Joseph Mincey |
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| Respondent / appellee: RONALD DAVIS, Warden, Warden of California State Prison at San Quentin | |
| Represented By: | Kevin Vienna |
| Represented By: | Meredith S. White Esquire |
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