Michael Combs v. Ronald Davis
| RONALD DAVIS, Warden, California State Prison at San Quentin |
| MICHAEL STEPHEN COMBS |
| 19-99010 |
| November 6, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 5 Filed clerk order (Deputy Clerk: KMB): In an order entered November 12, 2019, the district court amended the scope of its previously-granted certificate of appealability. The stay of proceedings in this court (Docket Entry No. [ # 2 ]) is therefore lifted and this appeal will move forward. The opening brief and excerpts of record are due February 24, 2020; the answering brief is due April 24, 2020; the optional reply brief is due within 21 days after service of the answering brief. [11505682] (AF) [Entered: 11/20/2019 01:51 PM] |
| Filing 4 Filed (ECF) Appellant Michael Stephen Combs status report (as required by Court order dated 11/07/2019). Date of service: 11/19/2019 [11504184] [19-99010] (Gomez, Claudia) [Entered: 11/19/2019 01:54 PM] |
| Filing 3 Received copy of District Court order filed on 11/08/2019 - amended COA. [11497416] (CW) [Entered: 11/13/2019 10:52 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 1, 2019 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending Rule 59 motion, filed on October 30, 2019. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11492888] (AF) [Entered: 11/07/2019 02:39 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. [11490452] (BY) [Entered: 11/06/2019 07:39 AM] |
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| Respondent / appellee: RONALD DAVIS, Warden, California State Prison at San Quentin | |
| Represented By: | Sharon L. Rhodes Esquire |
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| Petitioner / appellant: MICHAEL STEPHEN COMBS | |
| Represented By: | Claudia Pamela Gomez |
| Represented By: | Susel Carrillo-Orellana |
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