Jerry Taylor v. Laura Eldridge
Respondent / Appellee: LAURA ELDRIDGE, Warden
Petitioner / Appellant: JERRY LYNN TAYLOR
Case Number: 20-16849
Filed: September 23, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2020 Filing 8 Filed Appellant Jerry Lynn Taylor motion amended motion to expand the record. Deficiencies: None [11884432] (NAC) [Entered: 11/06/2020 11:13 AM]
October 26, 2020 Filing 7 Received Appellant Jerry Lynn Taylor supporting exhibits and documents. [11872459] (NAC) [Entered: 10/26/2020 08:48 PM]
October 19, 2020 Filing 6 Filed Appellant Jerry Lynn Taylor letter dated re: memorandum of points and authorities. Paper filing deficiency: None. [11865056] (JFF) [Entered: 10/20/2020 09:54 AM]
October 9, 2020 Filing 5 Filed Appellant Jerry Lynn Taylor letter dated 10/05/2020 re: request for the ninth circuit to send application to appeal District Court Order. Paper filing deficiency: None. [11854229] (NAC) [Entered: 10/09/2020 01:22 PM]
October 5, 2020 Filing 4 Filed Appellant Jerry Lynn Taylor petition for writ of habeas corpus. Deficiencies: None. [11849165] (JFF) [Entered: 10/06/2020 12:19 PM]
October 1, 2020 Filing 3 Filed order (Appellate Commissioner): On September 8 and 14, 2020, the district court received letters in which appellant challenges the district courts dismissal order. Appellants September 8 and 14, 2020 filings may constitute one of the motions listed in Federal Rule of Appellate Procedure 4(a)(4). Proceedings in this court will be stayed until the district court determines whether appellants September 8 and 14, 2020 filings fall within those listed in Federal Rule of Appellate Procedure 4(a)(4) and, if so, whether the motions should be granted or denied. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 21 days after the district courts decision, appellant shall notify this court in writing of the decision and state whether he wishes to move forward with this appeal. To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). The district court has not issued or declined to issue a certificate of appealability in this appeal, which appears to arise under 28 U.S.C. 2254. This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997); Slack v. McDaniel, 529 U.S. 484, 482 (2000) (certificate of appealability is required to obtain appellate review of the district courts dismissal of a habeas corpus petition on procedural grounds); Jones v. Ryan, 733 F.3d 825, 832 & n.3 (9th Cir. 2013) (same). If the district court issues a certificate of appealability, the court should specify which issue or issues meet the required showing. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. Under Asrar, if the district court declines to issue a certificate, the court should state its reasons why a certificate of appealability should not be granted, and the Clerk of the district court shall forward to this court the record with the order denying the certificate. See Asrar, 116 F.3d at 1270. The Clerk shall send a copy of this order to the district court. (Pro Se) [11843837] (CKP) [Entered: 10/01/2020 12:18 PM]
September 25, 2020 Filing 2 Filed Appellant Jerry Lynn Taylor letter dated re: Declaration Jerry Taylor. Paper filing deficiency: None. [11837516] (JFF) [Entered: 09/25/2020 03:11 PM]
September 23, 2020 Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11834677] (JBS) [Entered: 09/23/2020 02:55 PM]

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Respondent / appellee: LAURA ELDRIDGE, Warden
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Petitioner / appellant: JERRY LYNN TAYLOR
Represented By: Jerry Lynn Taylor
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