Tyerel Luke v. Dora Schriro, et al
| TYEREL DARNEL LUKE |
| DORA B. SCHRIRO, Warden and ATTORNEY GENERAL FOR THE STATE OF ARIZONA |
| 19-16861 |
| September 24, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed order (BARRY G. SILVERMAN and JOHN B. OWENS) Appellants notice of appeal, dated September 5, 2019 and filed September 9, 2019, states that he did not receive notice of entry of the district courts final order. While a pro se notice of appeal can be treated as a motion to reopen time for appeal, see United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011), we cannot do so here because appellants notice of appeal was filed more than 180 days after entry of the district courts April 19, 2018 order. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(6)(B). The request for a certificate of appealability is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2). Any pending motions are denied as moot. DENIED. [11494730] (OC) [Entered: 11/08/2019 04:08 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/19/2018. Record on appeal included: Yes. [11441248] (JMR) [Entered: 09/24/2019 11:08 AM] |
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