USA v. Angel Hernandez
| UNITED STATES OF AMERICA |
| ANGEL HERNANDEZ, AKA Bundy, AKA Angel Ray Hernandez, AKA Ernest Ray Hernandez |
| 17-50104 |
| March 24, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on February 13, 2018. A more recent docket listing may be available from PACER.
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| Filing 20 Filed order (Deputy Clerk: DV): Appellants renewed motion for voluntary dismissal of this appeal (Docket Entry No. [ # 19 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b); 9th Cir. R. 27-9.1. This order served on the district court shall act as and for the mandate of this court. [10761911] (AF) [Entered: 02/13/2018 10:54 AM] |
| Filing 19 Filed (ECF) Appellant Angel Hernandez Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 02/12/2018. [10761727]--[COURT ENTERED FILING to correct entry [18].] (RY) [Entered: 02/13/2018 10:05 AM] |
| Filing 18 COURT DELETED INCORRECT ENTRY. Request refiled using correct filing type (motion). Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 19 ]. Original Text: Filed (ECF) Appellant Angel Hernandez Correspondence: Appellant's Request to Abandon Appeal. Date of service: 02/12/2018 [10760109] [17-50104] (McBride, Mark) [Entered: 02/12/2018 12:23 PM] |
| Filing 17 Filed order (Appellate Commissioner): Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 16 ]) is denied without prejudice to renewal, within 21 days, accompanied by appellants written consent to the motion or counsels explanation why appellants consent was not obtained. See 9th Cir. R. 27-9.1. In the absence of a renewed motion, the opening brief and excerpts of record are due January 31, 2018; the answering brief is due March 5, 2018; and the optional reply brief is due within 21 days after service of the answering brief. Failure to comply with this order may subject counsel to the imposition of sanctions. (AppComm Direct Criminal) [10733153] (RRH) [Entered: 01/22/2018 01:47 PM] |
| Filing 16 Filed (ECF) Appellant Angel Hernandez Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 01/18/2018. [10729851] [17-50104] --[COURT UPDATE: Updated docket text to reflect content of filing. 1/19/2018 by TYL] (McBride, Mark) [Entered: 01/18/2018 10:05 PM] |
| Filing 15 Filed order (Appellate Commissioner): The opening brief was first due July 24, 2017. The November 15, 2017 order granted appellants 60-day third motion for an extension of time to file the opening brief. In light of the lengthy prior extensions, the order stated that no further extension of time would be granted to file the opening brief absent extraordinary circumstances. Appellants current motion (Docket Entry No. [ # 14 ]) for a 21-day further extension of time to file a late opening brief does not identify extraordinary circumstances, and is denied. The opening brief is due within 7 days after the date of this order. Alternatively, within 7 days after the date of this order, counsel may file a motion to withdraw as counsel pursuant to Ninth Circuit Rule 4-1(c). If the opening brief is filed, the answering brief will be due within 30 days after service of the opening brief. The optional reply brief is due within 21 days after service of the answering brief. Failure to file the opening brief or file a motion to withdraw by the due date may subject counsel to the imposition of sanctions, and removal from representing appellant in the appeal. Counsel is reminded that a motion for an extension of time to file a brief should include the position of opposing counsel. See 9th Cir. R. 31-2.2(b)(6). Counsel is also reminded that a motion for an extension of time to file a brief should be filed at least seven calendar days before the expiration of the time prescribed for filing the brief. See 9th Cir. R. 31-2.2(b). (Pro Mo) [10722015] (AF) [Entered: 01/11/2018 02:18 PM] |
| Filing 14 Filed (ECF) Appellant Angel Hernandez Motion to extend time to file Opening brief until 01/31/2018. Date of service: 01/10/2018. [10719926] [17-50104] (McBride, Mark) [Entered: 01/10/2018 11:57 AM] |
| Filing 13 Filed order (Appellate Commissioner): Appellant's motion (Docket Entry No. [ # 12 ]) for a 60-day extension of time to file the opening brief is granted. The opening brief is due January 9, 2018. The answering brief is due February 8, 2018. The optional reply brief is due within 21 days after service of the answering brief. Counsel is informed that a motion for an extension of time to file a brief should include the position of opposing counsel. See 9th Cir. R. 31-2.2(b)(6).Counsel is also reminded that a motion for an extension of time to file a brief should be filed at least seven calendar days before the expiration of the time prescribed for filing the brief. See 9th Cir. R. 31-2.2(b). No further extensions of time to file the opening brief will be granted absent extraordinary circumstances.(Pro Mo) [10654681] (MS) [Entered: 11/15/2017 11:05 AM] |
| Filing 12 Filed (ECF) Appellant Angel Hernandez Motion to extend time to file Opening brief until 01/09/2018. Date of service: 11/09/2017. [10650075] [17-50104] (McBride, Mark) [Entered: 11/09/2017 03:34 PM] |
| Filing 11 A copy of 9/25/2017 order [ # 10 ] was served on appellant individually at Reg. No. 42330-424, Federal Correctional Institution, P.O. Box 55030, McRae Helena, Georgia 31055. [10592181] (AF) [Entered: 09/25/2017 11:08 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: DV): The motion of appellants retained counsel, Mark McBride, Esq., for an extension of time to file the opening brief is construed as a motion for relief from default. So construed, the motion (Docket Entry No. [ # 7 ]) is granted. Appellants opening brief and excerpts of record are due November 9, 2017. Appellees answering brief is due December 11, 2017; and the optional reply brief is due within 21 days after service of the answering brief. Any future request for an extension of time to file the opening brief is strongly disfavored. The Clerk shall serve this order on counsel and appellant individually at Reg. No. 42330-424, Federal Correctional Institution, P.O. Box 55030, McRae Helena, Georgia 31055. [10592173] (AF) [Entered: 09/25/2017 11:07 AM] |
| Filing 9 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Filed (ECF) Appellant Angel Hernandez response to order to show cause dated 09/04/2017. Date of service: 09/21/2017. [10588705] [17-50104] (McBride, Mark) [Entered: 09/21/2017 07:51 AM] |
| Filing 8 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Filed (ECF) Appellant Angel Hernandez Urgent Motion for miscellaneous relief [Request to Discharge OSC; Request for a 45 Day Continuance for AOB; Declaration of Counsel] and Response to motion (to set briefing schedule, to set response by any party to anything). Date of service: 09/21/2017. [10588685] [17-50104] (McBride, Mark) [Entered: 09/21/2017 07:32 AM] |
| Filing 7 Filed (ECF) Appellant Angel Hernandez response to order to show cause dated 09/06/2017. Date of service: 09/21/2017. [10588681] [17-50104] --[COURT UPDATE: Attached certificate of service. 9/21/2017 by TYL] (McBride, Mark) [Entered: 09/21/2017 07:28 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: DV): Appellants opening brief was due July 24, 2017. On August 22, 2017, the court ordered appellants retained counsel, Mark Andrew McBride, Esq., within 14 days, to submit the opening brief and excerpts of record with a motion to file a late brief or file a motion for relief from default. To date, counsel has not complied with the courts order. Appellant shall have one final opportunity to prosecute this appeal. Within 14 days after the date of this order, appellant shall file the opening brief, excerpts of record, and a motion to file a late brief. Alternatively, if counsel is unable to prosecute this appeal, counsel shall file, within 14 days, a motion under Ninth Circuit Rule 4-1(c) to withdraw as counsel. If counsel wishes to withdraw, counsel must file:...Failure to respond timely to this order may result in the imposition of sanctions on counsel. The due date for appellees brief will be set upon appellants compliance with this order. The Clerk shall serve this order` on counsel McBride. Within 14 days after the date of this order, counsel McBride shall serve this order on appellant individually and provide this court with proof of such service showing appellants registration number and current address. (SEE ORDER FOR FULL TEXT) [10570172] (AF) [Entered: 09/06/2017 09:20 AM] |
| Filing 5 Filed default order for failure to file opening brief. Appellant Angel Hernandez response due 09/05/2017. [10553428] (EU) [Entered: 08/22/2017 11:38 AM] |
| Filing 4 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 05/19/2017. [10442089] (BY) [Entered: 05/19/2017 03:22 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: DV): On April 3, 2017, this court ordered appellant within 21 days to pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Appellant was warned that failure to pay the fees or file a motion to proceed in forma pauperis may result in the dismissal of the appeal for failure to prosecute. See 9th Cir. R. 42-1. To date, counsel has not complied with the courts order. Counsel shall have one final opportunity to prosecute this appeal. Within 14 days after the date of this order, counsel shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Alternatively, if counsel is unable to prosecute this appeal, counsel shall file, within 14 days, a motion under Ninth Circuit Rule 4-1(c) to withdraw as counsel. If counsel wishes to withdraw, counsel must file:...Failure to respond timely to this order may result in the imposition of sanctions on counsel. The previously established briefing schedule remains in effect. The Clerk shall serve this order and a Form CJA 23 on counsel Mark A. McBride, Esq. Within 21 days after the date of this order, counsel McBride shall serve this order and Form CJA 23 on appellant individually and provide this court with proof of such service showing appellants registration number and current address. (SEE ORDER FOR FULL TEXT) [10417040] (AF) [Entered: 05/01/2017 01:05 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DV): A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis may result in the dismissal of the appeal for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve a Form CJA 23 on appellant. [10380345] (AF) [Entered: 04/03/2017 09:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 108 Months. Transcript ordered by 04/13/2017. Transcript due 06/12/2017. Appellant briefs and excerpts due by 07/24/2017 for Angel Hernandez. Appellee brief due 08/21/2017 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [10371102] (HC) [Entered: 03/24/2017 02:53 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Reema M. El-Amamy |
| Represented By: | L. Ashley Aull |
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| Defendant / appellant: ANGEL HERNANDEZ, AKA Bundy, AKA Angel Ray Hernandez, AKA Ernest Ray Hernandez | |
| Represented By: | Mark Andrew McBride Esquire |
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