Marvin Walker v. Ron Davis
| RON DAVIS, Warden of San Quentin State Prison |
| MARVIN PETE WALKER |
| 19-15087 |
| January 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
|---|
| Filing 7 Criminal Justice Act electronic voucher created. (Counsel: Thomas B. Mayhew, Esquire for Marvin Pete Walker) [11208849] (BJK) [Entered: 02/26/2019 05:11 PM] |
| Filing 6 Criminal Justice Act electronic voucher created. (Counsel: Nanci L. Clarence for Marvin Pete Walker and Mr. Douglas Rea Young, Esquire for Marvin Pete Walker) [11204570] (BJK) [Entered: 02/22/2019 12:37 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: HH): The briefing schedule shall proceed as follows: Appellant Marvin Pete Walker opening brief due 04/24/2019. Appellee Ron Davis answering brief due 05/24/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11182192] (HH) [Entered: 02/07/2019 09:42 AM] |
| Filing 4 Received copy of District Court order filed on 02/01/2019. Granting in part and denying in part certificate of appealability [11175536] (NAC) [Entered: 02/01/2019 09:38 AM] |
| Filing 3 Filed order (Appellate Commissioner): Petitioner appeals the district courts denial of guilt phase relief. A review of the record indicates the district court has not yet ruled on whether a certificate of appealability (COA) is warranted. Accordingly, this case is remanded for the limited purpose of allowing the district court, at its earliest convenience, to address whether a COA is warranted as to any of Petitioners guilt phase claims. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court grants a COA, the court should specify which guilt phase claims meet the required showing. See Buck v. Davis, 137 S.Ct. 759, 773-74 (2017); see Asrar, 116 F.3d at 1270; see 28 U.S.C. 2253(c). If the district court declines to grant a COA, the court should state its reasons why the claim fails to meet the COA standard for appeal. See id. Ninth Circuit proceedings are stayed pending further order. The Clerk shall serve a copy of this order on the district judge. (Death Penalty) [11173132] (OC) [Entered: 01/30/2019 02:07 PM] |
| Filing 2 Filed (ECF) Appellant Marvin Pete Walker Correspondence: Petition and Appellant Marvin P. Walker's Notice Under Ninth Circuit Rule 10-3.1(c). Date of service: 01/29/2019 [11171381] [19-15087] (Mayhew, Thomas) [Entered: 01/29/2019 01:37 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. [11154758] (HH) [Entered: 01/16/2019 09:02 AM] |
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| Respondent / appellee: RON DAVIS, Warden of San Quentin State Prison | |
| Represented By: | Bruce Ortega |
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| Petitioner / appellant: MARVIN PETE WALKER | |
| Represented By: | Thomas B. Mayhew Esquire |
| Represented By: | Nanci L. Clarence |
| Represented By: | Douglas Rea Young Esquire |
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