Eric Pineda v. J. Robertson
| ERIC PINEDA |
| J. ROBERTSON |
| 20-15439 |
| March 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed order (JOHN B. OWENS and MARK J. BENNETT) We have received and reviewed appellants response to this courts March 18, 2020, order to show cause. The request for a certificate of appealability is denied. Even with the benefit of the prison mailbox rule, the notice of appeal was not filed within 30 days from entry of the district courts judgment on January 28, 2020. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(c)(1). Any pending motions are denied as moot. DENIED. [11664255] (RY) [Entered: 04/17/2020 11:30 AM] |
| Filing 4 Filed Appellant Eric Pineda response to order to show cause. Served on 03/31/2020. [11653064] (JFF) [Entered: 04/06/2020 03:48 PM] |
| Filing 3 Mail returned on 03/24/2020 addressed to Eric Pineda, re: 03/16/2020 Docketing Letter [ # 1 ]. Returned envelope notes: return to sender, no longer at TCCF; unable to forward. Resending to: PBSP - PELICAN BAY STATE PRISON P.O. Box 7500 Crescent City, CA 95532-7500. [11640379] (JBS) [Entered: 03/24/2020 02:07 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 January 28, 2020. 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 does not comply with this order, the Clerk will dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11634345] (RT) [Entered: 03/18/2020 02:52 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 01/28/2020. Record on appeal included: Yes. [11630713] (JMR) [Entered: 03/16/2020 10:32 AM] |
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| Petitioner / appellant: ERIC PINEDA | |
| Represented By: | Eric Pineda |
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| Respondent / appellee: J. ROBERTSON | |
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