Lee Peyton v. Ralph Diaz
| RALPH DIAZ, CDCR - Secretary |
| LEE EDWARD PEYTON |
| 20-55970 |
| September 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Filed order (Deputy Clerk: CKP) Granting Motion to dismiss the case pursuant to rule 42b filed by Appellant Lee Edward Peyton. This order shall constitute the mandate. [11892510] (CKP) [Entered: 11/13/2020 02:03 PM] |
| Filing 10 Filed Appellant Lee Edward Peyton motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 11/01/2020. [11891176] (QDL) [Entered: 11/12/2020 04:33 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: DA): A review of the record reflects that this court may lack jurisdiction over this appeal filed on September 15, 2020 because the district court granted appellants timely motion for relief from judgment in order to consider appellants objections to the report and recommendations, and vacated the August 12, 2020 judgment challenged in this appeal. See 28 U.S.C. 1291; Fed. R. App. P. 4(a)(4). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal 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 the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. A review of the district court docket also reflects that on October 5, 2020, the district court entered a new final order and judgment denying the petition and dismissing the action, and denied a certificate of appealability. To date, appellant has not filed a new notice of appeal in the district court from the district courts October 5, 2020 final order and judgment. [11861668] (CKP) [Entered: 10/16/2020 12:07 PM] |
| Filing 8 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to his letter of request filed on 10-13-2020. [11856624] (JR) [Entered: 10/13/2020 02:45 PM] |
| Filing 7 Filed Appellant Lee Edward Peyton letter dated 10/03/2020 re: Request for copy of rules. Paper filing deficiency: None. [11856538] (QDL) [Entered: 10/13/2020 02:25 PM] |
| Filing 6 Filed Appellant Lee Edward Peyton letter dated 10/03/2020 re: Request for information. Paper filing deficiency: None. [11856406] (QDL) [Entered: 10/13/2020 01:45 PM] |
| Filing 5 Received notice of change of address dated 10/03/2020 from Lee Edward Peyton. New address: P.O. Box 3030, Susanville, CA 96127. [11856398] --[Edited: Updated Address. 10/13/2020 by TYL] (QDL) [Entered: 10/13/2020 01:43 PM] |
| Filing 4 Received copy of District Court order filed on 10/02/2020 denying certificate of appealability. [11848218] (QDL) [Entered: 10/05/2020 05:51 PM] |
| Filing 3 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/21/2020. Record on appeal included: No. [11830816] (JPD) [Entered: 09/21/2020 12:25 PM] |
| Filing 2 Filed Appellant Lee Edward Peyton motion for certificate of appealability. Deficiencies: None. Served on 09/16/2020. [11830604] (JPD) [Entered: 09/21/2020 11:14 AM] |
| Filing 1 COURT DELETED INCORRECT ENTRY. Entered in error. Correct entry to follow.Notice about deletion sent to case participants registered for electronic filing. [11830528] (JPD) [Entered: 09/21/2020 10:52 AM] |
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| Respondent / appellee: RALPH DIAZ, CDCR - Secretary | |
| Represented By: | David Wildman |
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| Petitioner / appellant: LEE EDWARD PEYTON | |
| Represented By: | Lee Edward Peyton |
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