Luis Quintana v. Sandra Alfaro
SANDRA ALFARO, Warden |
LUIS QUINTANA |
19-55062 |
January 14, 2019 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.
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Filing 3 Filed order (Deputy Clerk: KB) On January 15, 2019, this court ordered appellant, within 21 days, either to move for voluntary dismissal of this request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This case is now closed. [11211846] (OC) [Entered: 02/28/2019 03:16 PM] |
Filing 2 Filed clerk order (Deputy Clerk: KMB): 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 November 5, 2018. 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. [11153570] (JMR) [Entered: 01/15/2019 11:18 AM] |
Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/05/2018. Record on appeal included: Yes. [11152704] (JMR) [Entered: 01/14/2019 04:08 PM] |
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Respondent / appellee: SANDRA ALFARO, Warden | |
Represented By: | Jason Tran |
Represented By: | Jonathan Matthew Krauss |
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Petitioner / appellant: LUIS QUINTANA | |
Represented By: | Luis Quintana |
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