Alejandro Lopez v. Debbie Asuncion
| DEBBIE ASUNCION, Warden |
| ALEJANDRO LOPEZ |
| 19-55187 |
| February 13, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 4 Filed Appellant Alejandro Lopez motion to accept late COA request. Deficiencies: None.. [11223008] (NAC) [Entered: 03/11/2019 01:59 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: SB): 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 December 17, 2018. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The court notes that appellants notice of appeal was filed simultaneously with a Fed. R. Civ. P. 60(b) motion, which remains pending in the district court. That motion does not appear to be a tolling motion because it was filed more than 28 days after judgment was entered. See Fed. R. App. P. 4(a)(4)(vi). 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.[11190361] (JBS) [Entered: 02/14/2019 11:39 AM] |
| Filing 2 Filed Appellant Alejandro Lopez motion for certificate of appealability. Deficiencies: None. Served on 01/31/2019. [11189109] (OC) [Entered: 02/13/2019 01:53 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 12/12/2018. Record on appeal included: Yes. [11189089] (OC) [Entered: 02/13/2019 01:50 PM] |
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| Respondent / appellee: DEBBIE ASUNCION, Warden | |
| Represented By: | Neru Joy Utomi Esquire |
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| Petitioner / appellant: ALEJANDRO LOPEZ | |
| Represented By: | Alejandro Lopez |
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