Ikemefula Ibeabuchi v. Attorney General for the State, et al
| MARK BRNOVICH, Attorney General, CHARLES L. RYAN, Director of ADOC and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| IKEMEFULA CHARLES IBEABUCHI, AKA Charles Ikemefula Ibeabuchi |
| 19-16587 |
| August 12, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 3 Filed order (EDWARD LEAVY and WILLIAM A. FLETCHER) Although the notice of appeal filed in the district court on August 9, 2019, was not filed or delivered to prison officials within 30 days after entry of the February 15, 2019, judgment, appellants notice of appeal includes an allegation that he has never received notice of entry of judgment and only discovered that his case had been dismissed when he filed a notice of change of address on July 25, 2019. We construe appellants pro se notice of appeal as a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants August 9, 2019, motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [11447072] (HC) [Entered: 09/27/2019 03:58 PM] |
| Filing 2 Filed Appellant Ikemefula Charles Ibeabuchi letter dated 08/21/2019 re: The information regarding District Court's Judgement. Paper filing deficiency: None. [11408201] (NAC) [Entered: 08/23/2019 10:26 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 02/15/2019. Record on appeal included: Yes. [11394987] (OC) [Entered: 08/12/2019 04:46 PM] |
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