Emanual Peavy v. Raymond Madden
| EMANUAL JAMES PEAVY |
| RAYMOND MADDEN, Warden |
| 20-56138 |
| October 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 3 Filed Appellant Emanual James Peavy letter dated re: request. Paper filing deficiency: None. [11897211] (JFF) [Entered: 11/18/2020 10:17 AM] |
| 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 letter appellant sent the district court, which was received by the district court on October 26, 2020 and construed and docketed as a notice of appeal, was not filed within 30 days after entry of the district courts judgment on August 17, 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. [11876129] (WL) [Entered: 10/29/2020 02:58 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 08/17/2020. Record on appeal included: Yes. [11874611] (JBS) [Entered: 10/28/2020 02:59 PM] |
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| Petitioner / appellant: EMANUAL JAMES PEAVY | |
| Represented By: | Emanual James Peavy |
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| Respondent / appellee: RAYMOND MADDEN, Warden | |
| Represented By: | Vincent P. LaPietra |
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