Gary Toti v. Michael Martel

Gary Toti v. Michael Martel

Petitioner / Appellant:	GARY ALBERT TOTI
Respondent / Appellee:	MICHAEL MARTEL, Warden
Case Number:	19-15961
Filed:	May 6, 2019
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on May 7, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 7, 2019	Filing 2 Filed clerk order (Deputy Clerk: KB): 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 April 1, 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. [11289369] (OC) [Entered: 05/07/2019 01:12 PM]
May 6, 2019	Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/01/2019. Record on appeal included: Yes. [11286983] (JPD) [Entered: 05/06/2019 09:25 AM]

Date Filed

Document Text

May 7, 2019

Filing 2 Filed clerk order (Deputy Clerk: KB): 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 April 1, 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. [11289369] (OC) [Entered: 05/07/2019 01:12 PM]

May 6, 2019

Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/01/2019. Record on appeal included: Yes. [11286983] (JPD) [Entered: 05/06/2019 09:25 AM]

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Petitioner / appellant: GARY ALBERT TOTI
Represented By:	Gary Albert Toti
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Respondent / appellee: MICHAEL MARTEL, Warden
Represented By:	Pamela Kay Critchfield
Represented By:	David Rose
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