Roberto Chaidez v. M. Biter
| M. BITER, Warden |
| ROBERTO CHAIDEZ |
| 19-16193 |
| June 12, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed order (SANDRA S. IKUTA and N. RANDY SMITH): The court has received and reviewed appellants response to this courts June 13, 2019, order to show cause. The request for a certificate of appealability is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). Any pending motions are denied as moot. DENIED. [11370399] (RT) [Entered: 07/19/2019 05:07 PM] |
| Filing 6 ENTRY UPDATED: Received Appellant Roberto Chaidez Affidavit for permission to proceed IFP. [11362133]. [11362133]--[Edited 07/12/2019 by NAC] (NAC) [Entered: 07/12/2019 02:35 PM] |
| Filing 5 Filed Appellant Roberto Chaidez motion to reconsider order of the Clerk of the Court filed on 06/13/2019. Deficiencies: None. [11359413] (NAC) [Entered: 07/10/2019 01:21 PM] |
| Filing 4 Filed Appellant Roberto Chaidez motion to proceed In Forma Pauperis. Deficiencies: None. [11359407] (NAC) [Entered: 07/10/2019 01:17 PM] |
| Filing 3 Received Appellant Roberto Chaidez copy of notice of clerk's record designation. [11344954] (NAC) [Entered: 06/26/2019 10:33 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MD): 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 entry of the district courts judgment on January 18, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). Within 21 days after this order, appellant must move for voluntary dismissal of this request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk will dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11330492] (RT) [Entered: 06/13/2019 02:59 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 01/18/2019. Record on appeal included: Yes. [11327918] (JPD) [Entered: 06/12/2019 09:41 AM] |
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| Respondent / appellee: M. BITER, Warden | |
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| Petitioner / appellant: ROBERTO CHAIDEZ | |
| Represented By: | Roberto Chaidez |
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