Curtis Montgomery v. S. Morris, et al
| ATTORNEY GENERAL OF THE STATE OF ARIZONA and S. MORRIS |
| CURTIS MONTGOMERY |
| 19-15737 |
| April 12, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed order (JAY S. BYBEE and CARLOS T. BEA) We have received and reviewed appellants response to this courts April 12, 2019, order to show cause. The request for a certificate of appealability is denied because the notice of appeal was not timely filed and appellant did not file a motion to extend time for appeal in the district court within the jurisdictional time limit. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(5)(A). Any pending motions are denied as moot. DENIED. [11306390] (JPD) [Entered: 05/22/2019 04:01 PM] |
| Filing 4 Filed Appellant Curtis Montgomery response to order to show cause. [11277652] (JFF) [Entered: 04/25/2019 03:11 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: KMB): A review of the record suggests that this court may lack jurisdiction over the request for certificate of appealability because the notice of appeal was not filed or deposited for mailing in the prisons internal mail system within 30 days after the district courts judgment entered on March 5, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). Within 21 days after the filing date of this order, appellant shall move for voluntary dismissal of the request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of appellants memorandum. If appellant does not comply with this order, the Clerk shall dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11262362] (WL) [Entered: 04/12/2019 01:55 PM] |
| Filing 2 Fee status changed ( [Case Number 19-15737: Due] ). [11261903] (WL) [Entered: 04/12/2019 10:54 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/05/2019. Record on appeal included: Yes. [11261900] (WL) [Entered: 04/12/2019 10:52 AM] |
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