John Davis v. Paul Penzone, et al
| UNKNOWN PARTY, named as Sergeant (A6911), CLINT HICKMAN, JOSEPH M. ARPAIO, PAUL PENZONE, UNKNOWN PARTY, named as Lieutenant A8013, ANDERSON-MATA, First name unknown; named as Anderson-Mata (A7464), DENNY BARNEY, BILL GATES, STEVE CHUCRI, ELIAS, First name unknown; named as Elias (A5629) and STEVE GALLARDO |
| FISK, First name unknown; named as Fisk (A9469), KARAS, First name unknown; named as Karas (A7994), MICELI, First name unknown; named as Miceli (A4983), HOLLINGSHEAD, First name unknown; named as Hollingshead (A9933), TIJERINA, First name unknown; named as Tijerina (A6941) and MURPHY, First name unknown; named as Murphy (A5255) |
| JOHN LEO DAVIS |
| 20-16257 |
| June 26, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 7 Filed Appellant John Leo Davis response to appellee's motion to dismiss appeal. Dated 07/21/2020. Paper filing deficiency: None. [11796726] (RL) [Entered: 08/20/2020 02:11 PM] |
| Filing 6 Filed Appellant John Leo Davis motion for leave to file without court required copies and without service upon appellee's of appellant's informal opening brief and appellant's response to appelee's motion to dismiss appeal and motion for appointment of counsel (expedited ruling requested). Deficiencies: None. Served on 08/12/2020. [11796721] (RL) [Entered: 08/20/2020 02:08 PM] |
| Filing 5 Filed Appellant John Leo Davis FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 07/21/2020. [11796694] (RL) [Entered: 08/20/2020 02:00 PM] |
| Filing 4 Received original and 0 copies of Appellant John Leo Davis opening brief of 16 pages (Informal: Yes). Served on 08/20/2020 by Court via CM/ECF. Major deficiency: briefing is stayed. [11796532] (LA) [Entered: 08/20/2020 12:53 PM] |
| Filing 3 Filed order (BARRY G. SILVERMAN, M. MARGARET MCKEOWN and DANIEL A. BRESS) A review of the record reflects that the notice of appeal, served on June 12, 2020 and received by the district court on June 24, 2020, was not filed or delivered to prison officials within 30 days after entry of the April 24, 2020 judgment. However, appellants June 12, 2020 notice of appeal includes a statement that he did not receive notice of entry of judgment until June 10, 2020. We construe appellants pro se notice of appeal as including a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011) (statement in notice of appeal that appellant did not timely receive judgment may constitute motion to reopen time to appeal pursuant to Fed. R. App. P. 4(a)(6)). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants June 12, 2020, motion to reopen the time to appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Appellees motion to dismiss [ # 2 ] is denied without prejudice to renewal after termination of the limited remand. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [11796373] (CKP) [Entered: 08/20/2020 11:45 AM] |
| Filing 2 Filed (ECF) Appellees Fisk, Hollingshead, Karas, Miceli, Murphy and Tijerina Motion to dismiss the case. Date of service: 07/16/2020. [11755422] [20-16257] (Trullinger, Charles) [Entered: 07/16/2020 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant John Leo Davis opening brief due 08/24/2020. Appellees Fisk, Hollingshead, Karas, Miceli, Murphy and Tijerina answering brief due 09/22/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11734668] (JMR) [Entered: 06/26/2020 10:05 AM] |
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