Johnny Ramirez v. Clark Ducart
| JOHNNY LOUIS RAMIREZ |
| CLARK E. DUCART, Warden |
| 20-55669 |
| July 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 5 Filed Appellant Johnny Louis Ramirez response to Court order dated 08/05/2020. Served on 08/13/2020. [11803206] (QDL) [Entered: 08/26/2020 10:04 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: KB): On July 7, 2020, this court directed appellant to either move for voluntary dismissal of this request for certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction because his 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 April 20, 2020. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). In his response to the order to show cause (Docket Entry No. [ # 3 ]), appellant explains that there have been significant delays in processing legal mail due to the COVID-19 public health crisis. He also refers to a separate motion to extend time for appeal that he mailed to the district court on May 25, 2020. No motion to extend time for appeal appears on the district courts or this courts docket. Within 21 days from this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the above-referenced motion to extend time for appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, and must also include a copy of that motion. Appellant is also directed to include a copy of his outgoing prison mail log, if available. Appellee may file a response within 10 days after service of appellants declaration or notarized statement. 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[11778668] (JBS) [Entered: 08/05/2020 02:54 PM] |
| Filing 3 Filed Appellant Johnny Louis Ramirez response to order to show cause dated 07/07/2020. Served on 07/15/2020. [11760591]--[COURT UPDATE: Attached correct PDF of response. 07/19/2020 by SLM] (QDL) [Entered: 07/21/2020 01:20 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 April 20, 2020. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). Within 21 days after this order, 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. [11744634] (JBS) [Entered: 07/07/2020 01:51 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/17/2020. Record on appeal included: Yes. [11740182] (OC) [Entered: 07/01/2020 03:52 PM] |
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| Petitioner / appellant: JOHNNY LOUIS RAMIREZ | |
| Represented By: | Johnny Louis Ramirez |
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| Respondent / appellee: CLARK E. DUCART, Warden | |
| Represented By: | Jennifer Jadovitz |
| Represented By: | Kevin Vienna |
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