Christopher Warsaw v. Daniel Paramo
| DANIEL PARAMO, Warden |
| CHRISTOPHER D. WARSAW |
| 19-56477 |
| December 20, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed Appellant Christopher D. Warsaw letter dated 01/28/2020 re: Request for copy of docket sheet. Paper filing deficiency: None. (Sent appellant copy of docket sheet.) [11584118] (QDL) [Entered: 02/04/2020 09:38 AM] |
| Filing 6 Filed Appellant Christopher D. Warsaw motion to appoint counsel, questions to court for COA request. Deficiencies: None. Served on 01/28/2020. [11584096] (QDL) [Entered: 02/04/2020 09:34 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: KMBc): The clerk order filed at Docket Entry No. [ # 4 ] is vacated as issued in error. In related Appeal No. 19-56117, appellant filed a request for a certificate of appealability (COA) on October 2, 2019. Appellants COA request sought to appeal from the district courts judgment entered September 4, 2019, and was filed within 30 days from entry of judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (d); Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir. 1990) (holding that a request for a certificate of probable cause can serve double duty as notice of appeal) (citation omitted). Accordingly, the order to show cause is discharged. The Clerk will transmit the COA request filed at Docket Entry No. [ # 11458402-2 ] in Appeal No. 19-56117 to the district court for docketing as a notice of appeal. Appellants request for a COA will be addressed in a future order. [11570176] (JMR) [Entered: 01/22/2020 11:52 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over the request for a certificate of appealability (COA) 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 September 4, 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, filed in the district court on December 5, 2019, and dated November 29, 2019, refers to an earlier request for a COA allegedly served on September 29, 2019. That earlier request for a COA is not reflected on the district courts docket or this courts docket. 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. Appellants response should also include a copy of the referenced September 29, 2019, request for a COA and a copy of his outgoing prison mail log. 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. [11566487] (JMR) [Entered: 01/17/2020 02:25 PM] |
| Filing 3 Filed Appellant Christopher D. Warsaw motion for certificate of appealability. Deficiencies: None. Served on. [11550119] (JFF) [Entered: 01/03/2020 11:24 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over the request for a certificate of appealability (COA) 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 September 4, 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, filed in the district court on December 5, 2019, and dated November 29, 2019, refers to an earlier request for a COA allegedly served on September 29, 2019. That earlier request for a COA is not reflected on the district courts docket or this courts docket. 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. Appellants response should also include a copy of the referenced September 29, 2019, request for a COA and a copy of his outgoing prison mail log. 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. [11542431] (JMR) [Entered: 12/23/2019 02:25 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/03/2019. Record on appeal included: Yes. [11539854] (JMR) [Entered: 12/20/2019 11:49 AM] |
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| Respondent / appellee: DANIEL PARAMO, Warden | |
| Represented By: | Louis Karlin |
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| Petitioner / appellant: CHRISTOPHER D. WARSAW | |
| Represented By: | Christopher D. Warsaw |
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