Alex Garcia v. Martin Biter
| ALEX ALEJANDRO F. GARCIA |
| MARTIN BITER, Warden |
| 20-55796 |
| August 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
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Filing 3
Received copy of District Court order filed on 10/01/2020. GRANTING MOTION TO REOPEN TIME TO FILE APPEAL 64 , 66 by Judge Cormac J. Carney : On August 20, 2020, the Ninth Circuit construed the Motion for Clarification and Consideration as a motion to reopen the time to appeal and remanded to this Court for consideration 66 . Petitioners motion to reopen the time to file a notice of appeal in this matter is GRANTED and Petitioner shall have fourteen (14) days from the date of this order to file a Notice of Appeal. [11844859] (NAC) [Entered: 10/01/2020 10:05 PM]
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| Filing 2 Filed order (MARY M. SCHROEDER and SUSAN P. GRABER) : Although the June 1, 2020, notice of appeal was not filed or delivered to prison officials within 30 days after entry of the March 30, 2020, judgment, appellants notice of appeal includes an allegation that he did not receive timely notice of entry of judgment due to unexpected prison transfers. 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 June 1, 2020, motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on 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. [11797237] (RT) [Entered: 08/20/2020 04:57 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/27/2020. Record on appeal included: Yes. [11778081] (OC) [Entered: 08/05/2020 10:46 AM] |
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| Petitioner / appellant: ALEX ALEJANDRO F. GARCIA | |
| Represented By: | Alex Alejandro F. Garcia |
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| Respondent / appellee: MARTIN BITER, Warden | |
| Represented By: | Julie Ann Harris |
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