Barry Brookins v. State of California
| BARRY L. BROOKINS |
| STATE OF CALIFORNIA |
| 19-55439 |
| April 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed Appellant Barry L. Brookins response to order to show cause. Served on 05/17/2019. [11313827] (JFF) [Entered: 05/30/2019 02:00 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: KMB): Appellants motion to extend time (Docket Entry No. [ # 4 ]) in which to respond to this courts April 18, 2019, order to show cause is granted. Within 35 days after the filing date of this order, appellant shall 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 shall dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11299584] (AF) [Entered: 05/16/2019 09:05 AM] |
| Filing 4 Filed Appellant Barry L. Brookins motion to extend time to comply with the order. Deficiencies: None. Served on 05/07/2019. [11299147] (JFF) [Entered: 05/15/2019 03:44 PM] |
| Filing 3 Filed Appellant Barry L. Brookins incorrect charge. Deficiencies: None. Served on 04/22/2019. [11281833] (JFF) [Entered: 04/30/2019 10:59 AM] |
| 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 March 4, 2019. 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. [11268897] (WL) [Entered: 04/18/2019 02:09 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/01/2019. Record on appeal included: Yes. [11268361] (OC) [Entered: 04/18/2019 10:16 AM] |
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| Petitioner / appellant: BARRY L. BROOKINS | |
| Represented By: | Barry L. Brookins |
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| Respondent / appellee: STATE OF CALIFORNIA | |
| Represented By: | Kenneth Charles Byrne |
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