David Tiffany v. Robert LeGrand, et al
DAVID TIFFANY |
ROBERT LEGRAND, Warden and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
19-15796 |
April 18, 2019 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 Filed order (Appellate Commissioner): Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 7 ]) is granted. The Clerk shall amend the docket to reflect this status. Appellants motion for appointment of counsel (Docket Entry No. [ # 6 ]) in this appeal from the denial of a 28 U.S.C. 2254 petition for writ of habeas corpus is granted. See 18 U.S.C. 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Counsel will be appointed by separate order. The Clerk shall electronically serve this order on the appointing authority for the District of Nevada, who will locate appointed counsel. The appointing authority shall send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. The opening brief and excerpts of record are due August 29, 2019; the answering brief is due September 30, 2019; and the optional reply brief is due within 21 days after service of the answering brief. Pursuant to Ninth Circuit Rule 22-1(e), appellants motion to broaden the certificate of appealability (Docket Entry No. [ # 5 ]) is denied without prejudice to raising any uncertified issues in the opening brief. [I]f a petitioner concludes during the course of preparing the opening brief on certified issues that an uncertified issue should be discussed in the brief, the petitioner shall first brief all certified issues under the heading Certified Issues and then, in the same brief, shall discuss any uncertified issues under the heading Uncertified Issues. Uncertified issues raised and designated in this manner will be treated as a motion to expand the COA and will be addressed by the merits panel to such extent as it deems appropriate. 9th Cir. R. 22-1(e). As appellant will now be represented by counsel, the court will take no action on appellants statement that appeal should go forward (Docket Entry No. [ # 4 ]). The Clerk shall serve this order on appellant. (MOATT) [11323423] (AF) [Entered: 06/07/2019 12:01 PM] |
Filing 7 Filed Appellant David Tiffany motion to proceed In Forma Pauperis. Deficiencies: None. [11288952] (NAC) [Entered: 05/07/2019 10:36 AM] |
Filing 6 Filed Appellant David Tiffany motion to appoint counsel. Deficiencies: None. Served on 04/16/2019. [11288945] (NAC) [Entered: 05/07/2019 10:34 AM] |
Filing 5 Filed Appellant David Tiffany motion for certificate of appealability. Deficiencies: None. [11288935] (NAC) [Entered: 05/07/2019 10:30 AM] |
Filing 4 Filed Appellant David Tiffany response to order to show cause. [11288931] (NAC) [Entered: 05/07/2019 10:29 AM] |
Filing 3 Filed clerk order (Deputy Clerk: DA): A review of this courts docket reflects that the filing and docketing fees for this appeal are due. Within 21 days of the filing date of this order, appellant shall either (1) 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 (2) file in this court a motion to proceed in forma pauperis, accompanied by a completed Form CJA 23. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve a copy of Form CJA 23 on appellant. The previously established briefing schedule remains in effect. [11275640] (CKP) [Entered: 04/24/2019 01:45 PM] |
Filing 2 Received copy of amended notice of appeal from district court. [11271423] (NAC) [Entered: 04/22/2019 09:01 AM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant David Tiffany opening brief due 06/20/2019. Appellees Attorney General for the State of Nevada and Robert LeGrand, Warden answering brief due 07/22/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11269011] (RT) [Entered: 04/18/2019 02:42 PM] |
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