Brian Smith v. Martin Frink, et al
| TIM FOX and MARTIN FRINK |
| BRIAN DOUGLAS SMITH |
| 20-36099 |
| December 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: KB): On January 19, 2021, the district court granted appellants motion to reopen time for appeal. This appeal will move forward based on appellants December 21, 2020, notice of appeal. This court will rule on the request for a certificate of appealability and any pending motions in a later order. [11968514] (RY) [Entered: 01/19/2021 03:58 PM] |
Filing 3
Received copy of District Court order filed on 01/19/2021. Notice of appeal, construed as a motion to reopen the time for appeal under Federal Rule of Appellate Procedure 4(a)(6), is GRANTED. The time to appeal is REOPENED for a period of 14 days after entry of this Order. Signed by Judge Dana L. Christensen on 1/19/2021 [11968133] (NAC) [Entered: 01/19/2021 02:06 PM]
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| Filing 2 Filed order (SIDNEY R. THOMAS and DANIEL A. BRESS) : Although the December 21, 2020 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the final order on November 13, 2020, the letter attached to appellants notice of appeal includes an allegation that he did not receive notice of entry of judgment until December 15, 2020. We construe appellants pro se notice of appeal as 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). 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 December 21, 2020 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on 2 20-36099 this court at its earliest convenience. 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. [11965743] (RT) [Entered: 01/15/2021 12:21 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/13/2020. Record on appeal included: Yes. [11935471] (JMR) [Entered: 12/21/2020 03:19 PM] |
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