Michael Stewart v. USA
| MICHAEL JAY STEWART, AKA Michael J. Stewart, AKA Mike Stewart |
| UNITED STATES OF AMERICA |
| 20-55976 |
| September 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 6 Filed clerk order (Deputy Clerk: CO): On October 19, 2020, the district court denied the motion for reconsideration. The stay of proceedings entered in this court on October 5, 2020 is therefore lifted and this appeal will move forward as a request for certificate of appealability. This court will rule on the request for a certificate of appealability and any pending motions in a later order. To challenge the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). [11869017] (CKP) [Entered: 10/22/2020 03:41 PM] |
| Filing 5 Received copy of District Court order filed on 10/19/2020 denying defendant's motion for reconsideration and requests for evidentiary hearing, appointment of counsel and certificate of appealability. [11865562] (QDL) [Entered: 10/20/2020 01:18 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): On July 14, 2020, the district court entered an order denying appellants motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. The district court did not enter a separate judgment on the docket. See Fed. R. App. P. 4(a)(7); Kingsbury v. United States, 900 F.3d 1147, 1150-51 (9th Cir. 2018) (holding that Fed. R. Civ. P. 58s requirement that judgment be set out in a separate document applies to proceedings under 28 U.S.C. 2255). On August 19, 2020, appellant filed a motion for reconsideration of the July 14, 2020 order, and that motion is still pending in the district court. The September 17, 2020 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending September 9, 2020 request for reconsideration. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11847072] (CKP) [Entered: 10/05/2020 10:31 AM] |
| Filing 3 Filed Appellant Michael Jay Stewart motion to appoint counsel. Deficiencies: None. Served on 09/11/2020. [11832725] (OC) [Entered: 09/22/2020 12:03 PM] |
| Filing 2 Filed Appellant Michael Jay Stewart motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/11/2020. [11832721] (OC) [Entered: 09/22/2020 12:02 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [11832692] (OC) [Entered: 09/22/2020 11:53 AM] |
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| Petitioner / appellant: MICHAEL JAY STEWART, AKA Michael J. Stewart, AKA Mike Stewart | |
| Represented By: | Michael Jay Stewart |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Jeremiah Levine |
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