Luciano Rios v. Jeffrey Uttecht

Luciano Rios v. Jeffrey Uttecht

Respondent / Appellee:	JEFFREY A. UTTECHT, Warden
Petitioner / Appellant:	LUCIANO MOLINA RIOS
Case Number:	20-35797
Filed:	September 10, 2020
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 2, 2020	Filing 2 Filed order (MICHAEL DALY HAWKINS and MICHELLE T. FRIEDLAND) The district court entered its final order on June 5, 2020. Appellants notice of appeal has a signature date of September 4, 2020, and was filed in the district court on September 8, 2020. The request for a certificate of appealability is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(1). Although appellant attached a motion to extend time for appeal to his September 4, 2020 notice of appeal, the district court lacks jurisdiction to entertain the motion because it was not filed within 30 days after expiration of the time for filing a notice of appeal. See 28 U.S.C. 2107(c); Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir. 1994) (holding that district courts lack authority to consider a motion filed outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) and (6)). Any pending motions are denied as moot. DENIED. [11845542] (RY) [Entered: 10/02/2020 11:39 AM]
September 10, 2020	Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 05/15/2020. Record on appeal included: Yes. [11819183] (WL) [Entered: 09/10/2020 01:40 PM]

Date Filed

Document Text

October 2, 2020

Filing 2 Filed order (MICHAEL DALY HAWKINS and MICHELLE T. FRIEDLAND) The district court entered its final order on June 5, 2020. Appellants notice of appeal has a signature date of September 4, 2020, and was filed in the district court on September 8, 2020. The request for a certificate of appealability is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(1). Although appellant attached a motion to extend time for appeal to his September 4, 2020 notice of appeal, the district court lacks jurisdiction to entertain the motion because it was not filed within 30 days after expiration of the time for filing a notice of appeal. See 28 U.S.C. 2107(c); Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir. 1994) (holding that district courts lack authority to consider a motion filed outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) and (6)). Any pending motions are denied as moot. DENIED. [11845542] (RY) [Entered: 10/02/2020 11:39 AM]

September 10, 2020

Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 05/15/2020. Record on appeal included: Yes. [11819183] (WL) [Entered: 09/10/2020 01:40 PM]

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Respondent / appellee: JEFFREY A. UTTECHT, Warden
Represented By:	Paul D. Weisser
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Petitioner / appellant: LUCIANO MOLINA RIOS
Represented By:	Luciano Molina Rios
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