Benjamin Barber, et al v. Pat Garrett
| JAY DAVID LEATHERWOOD and JAYCOB PATRICK HOLTEN |
| BENJAMIN BARBER |
| PAT GARRETT |
| 20-35419 |
| May 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed Appellant Benjamin Barber motion for certificate of appealability. Deficiencies: None. [11710398] (RR) [Entered: 06/03/2020 06:57 PM] |
| Filing 4 Received notice of change of address dated 05/24/2020 from Benjamin Barber. New address: Washington County Jail, 215 Adams, M535, Hillsboro, OR 97123-3874. [11710396]--[Edited: address updated. 06/04/2020 by SLM] (RR) [Entered: 06/03/2020 06:49 PM] |
| Filing 3 Received copy of amended notice of appeal from district court filed 5/28/20. [11706697] (CW) [Entered: 06/01/2020 11:49 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): This appeal was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the May 14, 2020 and May 28, 2020 motions. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994); see also Tripati v. Henman, 845 F.3d 205, 206 (9th Cir. 1988) (holding that a district court retains jurisdiction to consider a timely Fed. R. App. P. 4(a)(4) tolling motion even if the motion is filed subsequent to a notice of appeal). Within 21 days after the district courts decision, appellant must 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). A copy of this order will be sent to the district court. [11705671] (AF) [Entered: 05/29/2020 04:15 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/30/2020. Record on appeal included: Yes. [11691896] (JMR) [Entered: 05/15/2020 09:47 AM] |
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