Ellery Thomas v. Raymond Madden, et al
| XAVIER BECERRA, The Attorney General of the State of the California, Additional Respondent and RAYMOND MADDEN, Warden |
| ELLERY DENNIS THOMAS |
| 20-55341 |
| March 30, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Filed order (MILAN D. SMITH, JR. and KENNETH K. LEE) We have received and reviewed appellants response to this courts April 1, 2020, order to show cause. The request for a certificate of appealability is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). Any pending motions are denied as moot. DENIED. [11684016] (WL) [Entered: 05/07/2020 02:36 PM] |
| Filing 3 Filed Appellant Ellery Dennis Thomas response to order to show cause. [11659297] (JFF) [Entered: 04/13/2020 02:12 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over the request for certificate of appealability because the notice of appeal was not filed or deposited for mailing in the prisons internal mail system within 30 days after entry of the district courts judgment on February 14, 2020. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). On or before May 20, 2020, appellant must move for voluntary dismissal of this request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of appellants memorandum. If appellant does not comply with this order, the Clerk will dismiss this request for certificate of appealability pursuant to Ninth Circuit Rule 42-1. [11648978] (RT) [Entered: 04/01/2020 02:38 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 02/13/2020. Record on appeal included: Yes. [11646147] (OC) [Entered: 03/30/2020 04:06 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
