Alfred Crowder v. Debbie Asuncion, et al
| ALFRED CROWDER |
| SCOTT KERNAN, Secretary of the California Department of Corrections and DEBBIE ASUNCION, Warden, California State Prison, Los Angeles |
| 19-56338 |
| November 19, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: KMB): Appellants motion for an extension of time (Docket Entry No. [ # 3 ] ) in which to respond to this courts November 20, 2019, order to show cause is granted. By January 21, 2020, 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. [11540559] (RT) [Entered: 12/20/2019 03:19 PM] |
| Filing 3 Filed Appellant Alfred Crowder motion to extend time. Deficiencies: None. Served on 12/09/2019. [11539609] (JFF) [Entered: 12/20/2019 10:21 AM] |
| 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 post-judgment order on August 26, 2019. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The court notes that appellants notice of appeal appears to allege that he did not receive timely notice of entry of that order until October 25, 2019, but the proof of service attached to that same notice of appeal declares under penalty of perjury that it was deposited for mailing on October 7, 2019. 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. [11505262] (WL) [Entered: 11/20/2019 11:20 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 08/23/2019. Record on appeal included: Yes. [11504435] (JPD) [Entered: 11/19/2019 03:30 PM] |
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| Petitioner / appellant: ALFRED CROWDER | |
| Represented By: | Alfred Crowder |
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| Respondent / appellee: SCOTT KERNAN, Secretary of the California Department of Corrections | |
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| Respondent / appellee: DEBBIE ASUNCION, Warden, California State Prison, Los Angeles | |
| Represented By: | Susan Kim |
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