Donald Wright v. Ron Rackley
| DONALD WRIGHT |
| RON RACKLEY, Warden |
| 19-55568 |
| May 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 6 MANDATE ISSUED. (EL, CMC and CTB) [11340303] (QDL) [Entered: 06/21/2019 10:13 AM] |
| Filing 5 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) On April 19, 2019, appellant filed a motion for certificate of appealability in the above referenced district court docket. The motion for certificate of appealability was docketed as a notice of appeal, resulting in the opening of this appeal No. 19-55568. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on April 9, 2019 and filed on April 19, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on June 30, 2016. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Consequently, this appeal is dismissed for lack of jurisdiction. We decline to construe this appeal as an application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition. If appellant seeks authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court, he may file in this court an application that complies with the requirements of Ninth Circuit Rule 22-3. The Clerk shall serve appellant with this order and the standard form application for leave to file a second or successive petition. All pending motions are denied as moot. DISMISSED. [11314026] (JBS) [Entered: 05/30/2019 03:01 PM] |
| Filing 4 Received original and 0 copies of Appellant Donald Wright opening brief (Informal: Yes) 7 pages. Served on 05/14/2019. Major deficiencies: no briefing schedule. [11313939] (KWG) [Entered: 05/30/2019 02:37 PM] |
| Filing 3 Filed Appellant Donald Wright letter dated 05/23/2019 re: This letter serves as documentation appellant filed his revised opening brief. Paper filing deficiency: None. [11312410] (RL) [Entered: 05/29/2019 03:11 PM] |
| Filing 2 Received copy of District Court order filed on 05/23/2019 ORDER. On April 19, 2019, Petitioner filed a Motion for Certificate of Appealability (Motion) (Docket Entry No. 9), which the Court construes as a request for authorization to file a second or successive petition in this Court. The Motion is DENIED. As stated in the Courts Order of Dismissal dated June 29, 2016 (see Docket Entry No. 7), Petitioner is required to seek and obtain authorization from the Ninth Circuit Court of Appeals in order to file a second or successive petition in this Court. [11309355] (RL) [Entered: 05/24/2019 04:44 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11300727] (OC) [Entered: 05/16/2019 04:51 PM] |
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| Petitioner / appellant: DONALD WRIGHT | |
| Represented By: | Donald Wright |
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| Respondent / appellee: RON RACKLEY, Warden | |
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