Willie Norton v. Josie Gastello
| WILLIE NORTON |
| JOSIE GASTELLO, Warden and JOSIE GASTELO, Warden, Warden |
| 19-56001 |
| August 27, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 4 Filed order (Deputy Clerk: KMB): Appellants response to this courts August 29, 2019, order to show cause explains that his notice of appeal was filed in error and that he will instead file an application for leave to file a second or successive habeas petition. Appellants response (Docket Entry No. [ # 3 ]) is construed as a motion for voluntary dismissal of this request for a certificate of appealability, and is granted. The request for a certificate of appealability is dismissed. See Fed. R. App. P. 42(b). The Clerk will serve this order and a copy of the standard form application for leave to file a second or successive petition on appellant. This case is now closed. [11436008] (AF) [Entered: 09/18/2019 01:47 PM] |
| Filing 3 Filed Appellant Willie Norton response to order to show cause. Served on 09/09/2019. [11429927] (CW) [Entered: 09/12/2019 02:54 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 June 27, 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. [11415723] (AF) [Entered: 08/29/2019 03:23 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/26/2019. Record on appeal included: Yes. [11412624] (OC) [Entered: 08/27/2019 04:39 PM] |
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