James Cook v. Attorney General State Nevada
| JAMES JERRY COOK |
| ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 19-17160 |
| October 25, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (RICHARD C. TALLMAN and JACQUELINE H. NGUYEN) : We have received and reviewed appellants response to this courts October 28, 2019, order to show cause. The request for a certificate of appealability is denied because the notice of appeal was not timely filed in the district court. See 28 U.S.C. 2107, 2253(c)(2). We decline to transfer appellants notice of appeal to the Nevada Supreme Court. We direct the Clerk to provide appellant with a file-stamped copy of the notice of appeal he filed in the district court on October 23, 2019, so that appellant may seek relief directly in the Nevada Supreme Court for his mistakenly-addressed notice of appeal. Any pending motions are denied as moot. DENIED. [11539182] (RT) [Entered: 12/19/2019 05:43 PM] |
| Filing 3 Filed Appellant James Jerry Cook as to my filing my notice of appeal on time. Served on 11/04/2019. [11496762] (RL) [Entered: 11/12/2019 04:45 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): 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 May 29, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The court notes that appellants notice of appeal states his intent to appeal [the district] courts decision on his post conviction habeas corpus dated October 1st 2019. The record, however, reflects that no orders were entered on that date in this case by the district court. 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 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 will dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11480484] (OC) [Entered: 10/28/2019 03:35 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 05/29/2019. Record on appeal included: Yes. [11478659] (HC) [Entered: 10/25/2019 03:18 PM] |
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| Petitioner / appellant: JAMES JERRY COOK | |
| Represented By: | James Jerry Cook |
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| Respondent / appellee: ATTORNEY GENERAL FOR THE STATE OF NEVADA | |
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