Joseph Davall v. Warren Montgomery
| JOSEPH CHANDLER DAVALL |
| WARREN L. MONTGOMERY, Warden |
| 19-55903 |
| August 2, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 Filed clerk order (Deputy Clerk: KMB): Appellants motion for a limited remand (Docket Entry No. [ # 10 ]) is granted. See Fed. R. App. P. 12.1(b). This appeal is remanded to the district court for the limited purpose of enabling the district court to consider appellants Federal Rule of Civil Procedure 60(b) motion. Within 60 days after the date of this order or within 14 days after the district courts ruling on the Rule 60(b) motion, whichever occurs first, appellant shall file a report on the status of district court proceedings or a motion for appropriate relief. [11434892] (AF) [Entered: 09/17/2019 04:33 PM] |
| Filing 10 Filed Appellant Joseph Chandler Davall motion to remand case to District Court. Deficiencies: None. Served on 09/10/2019. [11433747] (CW) [Entered: 09/17/2019 09:34 AM] |
| Filing 9 Filed Appellant Joseph Chandler Davall motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/06/2019. [11432194] (CW) [Entered: 09/16/2019 09:42 AM] |
| Filing 8 Filed Appellant Joseph Chandler Davall motion for expansion of notice of appeal and or motion to extend time for notice of appeal. Deficiencies: None. Served on 09/04/2019. [11427698] (CW) [Entered: 09/11/2019 08:00 AM] |
| Filing 7 ENTRY UPDATED. .. [11427692]Filed Appellant Joseph Chandler Davall motion to broaden certificate of appealability. Deficiencies: None. Served on 9/4/19. [11427692]--[Edited 09/11/2019 by CW] (CW) [Entered: 09/11/2019 07:55 AM] |
| Filing 6 Filed Appellant Joseph Chandler Davall motion to appoint counsel, for certificate of appealability. Deficiencies: None. Served on 08/24/2019. [11416171] (CW) [Entered: 08/30/2019 08:35 AM] |
| Filing 5 Filed Appellant Joseph Chandler Davall letter dated 8/13/19re: proofs of service of response to osc. NAN. Paper filing deficiency: None. [11403241] (CW) [Entered: 08/20/2019 09:34 AM] |
| Filing 4 Filed Appellant Joseph Chandler Davall response to order to show cause. Served on 08/13/2019. [11403233] (CW) [Entered: 08/20/2019 09:32 AM] |
| Filing 3 Filed Appellant Joseph Chandler Davall response to order to show cause. Deficiencies: None. Served on 08/08/2019. [11398851]--[Edited 08/16/2019 by JFF] (JFF) [Entered: 08/15/2019 03:06 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): 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 entry of the district courts judgment on May 1, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). Within 21 days after this order, appellant must 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 will dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11385971] (AF) [Entered: 08/02/2019 04:28 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/29/2019. Record on appeal included: Yes. [11385901] (JBS) [Entered: 08/02/2019 03:58 PM] |
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| Petitioner / appellant: JOSEPH CHANDLER DAVALL | |
| Represented By: | Joseph Chandler Davall |
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| Respondent / appellee: WARREN L. MONTGOMERY, Warden | |
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