Horace Houston v. E. McDaniels, et al
E. K. MCDANIELS and NEVADA ATTORNEY GENERAL, also known as Attorney General of the State of Nevada |
HORACE C. HOUSTON |
20-16747 |
September 9, 2020 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 3 Filed order (MICHAEL DALY HAWKINS and MICHELLE T. FRIEDLAND) Appellant constructively filed a notice of appeal on September 3, 2020, seeking to appeal from post-judgment orders entered on April 22 and August 31, 2020. Appellants notice of appeal was not filed within 30 days from entry of the April 22, 2020, order. See 28 U.S.C. 2107(a). Accordingly, the scope of this appeal is limited to review of the August 31, 2020, order. So limited, the request for a certificate of appealability (Docket Entry No. [ # 2 ]) is denied. Appellant has not shown that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying section [2254 petition] states a valid claim of the denial of a constitutional right. United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); see also 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993) (order). Any pending motions are denied as moot. DENIED. [11845565] (OC) [Entered: 10/02/2020 11:46 AM] |
Filing 2 Filed Appellant Horace C. Houston motion for certificate of appealability. Deficiencies: None. [11831109] (NAC) [Entered: 09/21/2020 02:05 PM] |
Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 08/31/2020. Record on appeal included: Yes. [11817876] (WL) [Entered: 09/09/2020 02:42 PM] |
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