Donald Wright v. Ron Rackley
| DONALD WRIGHT |
| RON RACKLEY, Warden |
| 19-55657 |
| June 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 3 MANDATE ISSUED. (RRC, NRS and MTF) [11369055] (RL) [Entered: 07/19/2019 08:36 AM] |
| Filing 2 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND) To the extent the notice of appeal, dated May 28, 2019 and received by the district court on June 3, 2019, challenges the district courts final judgment, this court lacks jurisdiction over this appeal because the June 3, 2019 notice of appeal was not filed or delivered to prison officials within 30 days after the district courts entry of final judgment on June 30, 2016, and the appeal of the final judgment is duplicative of prior dismissed appeal No. 19-55568. 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). To the extent the notice of appeal challenges the district courts May 23, 2019 order, this court lacks jurisdiction over this appeal because the May 23, 2019 order is not final or appealable. See 28 U.S.C. 1291. Consequently, this appeal is dismissed for lack of jurisdiction. See Greenawalt v. Stewart, 105 F.3d 1268, 1272 (9th Cir. 1997) (district court denial of certificate of probable cause in habeas corpus proceedings is not separately appealable) (abrogation on other grounds recognized by Jackson v. Roe, 425 F.3d 654, 658-61 (9th Cir. 2005)); see also Rules Governing Section 2254 Proceedings 11(a) (party may not appeal denial of certificate of appealability). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11347652] (OC) [Entered: 06/27/2019 04:34 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 05/23/2019. Record on appeal included: Yes. [11323895] (JBS) [Entered: 06/07/2019 03:40 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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