Eugene Doerr v. David Shinn, et al
| EUGENE ALLEN DOERR |
| CHARLES GOLDSMITH, Warden, Arizona State Prison - Eyman Complex and DAVID SHINN, Director, Director of the Arizona Department of Corrections |
| 20-99002 |
| February 13, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 16 Filed order (JOHN B. OWENS and MARK J. BENNETT): The States Motion To Stay Lower Court Ruling (Docket Entry No. [ # 9 ]) is granted. See Natural Resources Defense Council, Inc. V. Winter, 502 F.3d 859, 862-63 (9th Cir. 2007). The District Courts February 3, 2020 judgment, granting sentencing relief due to causal nexus error, is stayed pending final resolution of these appeals. Doerr has filed a Motion To Stay and Remand For Adjudication of Undecided Martinez Issues. See 10-99007 Docket Entry No. [ # 11 ] (motion filed on 3/20/2020 for stay and remand); cf. 10-99007 Docket Entry No. [ # 9332172-2 ] (on 12/01/2014, this Court granted a limited remand for reconsideration of Claim 28); cf. Dist. Cts 2/3/2020 Order (granting sentencing relief due to causal nexus error and declining to reach remanded Claim 28). Adjudication of Claim 28 by the district court will assist this Court in the resolution of these appeals. Accordingly, a limited remand is hereby granted for the district court to reconsider Claim 28. The briefing schedule set in this Court on 2/13/2020 is vacated. Proceedings in 09-99026, 10-99007, and 20-99002 are stayed and the Clerks Office will administratively close these dockets, pending further order of the Court. Within 10 days after the district court enters its final order on limited remand, the parties must file simultaneous status reports in this Court or move, consistently with the rules, for other appropriate relief. [11657439] [09-99026, 10-99007, 20-99002] (AF) [Entered: 04/10/2020 11:41 AM] |
| Filing 15 Filed (ECF) Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007 reply to response (). Date of service: 04/01/2020. [11649167] [20-99002, 09-99026, 10-99007] (Merrill, Charlotte) [Entered: 04/01/2020 03:42 PM] |
| Filing 14 Filed (ECF) Appellants David Shinn and Charles Goldsmith in 20-99002 response to motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing)). Date of service: 03/30/2020. [11645388] [20-99002, 09-99026, 10-99007] (Jarvis, Ginger) [Entered: 03/30/2020 11:41 AM] |
| Filing 13 Filed (ECF) Appellants David Shinn and Charles Goldsmith in 20-99002 response to motion ([ # 10 ] Response to Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 03/27/2020. [11643517] [20-99002, 09-99026, 10-99007] (Jarvis, Ginger) [Entered: 03/27/2020 09:00 AM] |
| Filing 12 Filed (ECF) Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007 Correspondence: NOTICE to Court re: 60 day extension due to COVID-19. Date of service: 03/24/2020 [11640680] [20-99002, 09-99026, 10-99007] (Merrill, Charlotte) [Entered: 03/24/2020 04:03 PM] |
| Filing 11 Filed (ECF) Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007 Motion to remand case, Motion to stay appellate proceedings. Date of service: 03/20/2020. [11636604] [20-99002, 09-99026, 10-99007] (Merrill, Charlotte) [Entered: 03/20/2020 11:33 AM] |
| Filing 10 Filed (ECF) Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007 response to motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 03/20/2020. [11636597] [20-99002, 09-99026, 10-99007] (Merrill, Charlotte) [Entered: 03/20/2020 11:29 AM] |
| Filing 9 Filed (ECF) Appellants David Shinn and Charles Goldsmith in 20-99002 Motion to stay lower court action. Date of service: 03/13/2020. [11630043] [20-99002, 09-99026, 10-99007] (Jarvis, Ginger) [Entered: 03/13/2020 04:17 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: MCD): Petitioners opposed Motion For Limited Stay of Briefing Pending McKinney v. Arizona (DE [ # 6 ]) is denied as moot. See McKinney v. Arizona, S.Ct. , 2020 WL 889190 (U.S. S.Ct. Feb. 25, 2020). The briefing schedule previously set for these appeals remains in effect. See February 13, 2020 Order (DE [ # 2 ]). [11611131] [09-99026, 10-99007, 20-99002] (AF) [Entered: 02/27/2020 12:06 PM] |
| Filing 7 Filed (ECF) Appellant David Shinn in 20-99002 response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 02/27/2020. [11610733] [20-99002, 09-99026, 10-99007] (Jarvis, Ginger) [Entered: 02/27/2020 09:45 AM] |
| Filing 6 Filed (ECF) Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007 Motion to stay appellate proceedings. Date of service: 02/24/2020. [11606669] [20-99002, 09-99026, 10-99007] (Merrill, Charlotte) [Entered: 02/24/2020 01:14 PM] |
| Filing 5 Added Attorney(s) Amanda Bass for party(s) Appellant Eugene Allen Doerr, in case 09-99026 Attorney(s) Amanda Bass for party(s) Appellant Eugene Allen Doerr, in case 10-99007 Attorney(s) Amanda Bass for party(s) Appellee Eugene Allen Doerr, in case 20-99002. [11603844] [09-99026, 10-99007, 20-99002] (RR) [Entered: 02/20/2020 03:48 PM] |
| Filing 4 Filed (ECF) notice of appearance of Amanda C. Bass (Federal Public Defender - District of Arizona 850 W. Adams St, Suite 201, Phoenix, AZ 85007) for Appellee Eugene Allen Doerr in 20-99002, Appellant Eugene Allen Doerr in 09-99026, 10-99007. Date of service: 02/20/2020. (Party was previously proceeding with counsel.) [11603467] [20-99002, 09-99026, 10-99007] (Bass, Amanda) [Entered: 02/20/2020 01:55 PM] |
| Filing 3 Terminated Robin C. Konrad for Eugene Allen Doerr in 09-99026 (no longer with the Federal Public Defender's Office) [11602262] [09-99026, 10-99007, 20-99002] (JBS) [Entered: 02/19/2020 03:49 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): This case is back before this Court following a limited remand. The State appeals the district courts order on limited remand. The stay of proceedings in 09- 99026 and 10-99007 is lifted. The Clerk of this Court shall strike all of the briefs and excerpts of record previously filed in those consolidated appeals. The briefing schedule for these appeals is set as follows. Doerrs First Brief on Cross-Appeal and excerpts of record are due April 14, 2020. The States Second Brief on Cross-Appeal is due June 16, 2020. Doerrs Third Brief on Cross- Appeal is due August 18, 2020. The States Fourth Brief on Cross-Appeal is due within 21 days after service of the Third Brief on Cross-Appeal. [11596647] [09-99026, 10-99007, 20-99002] (AF) [Entered: 02/13/2020 01:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. . [11595807] [20-99002, 09-99026, 10-99007] (BY) [Entered: 02/13/2020 07:37 AM] |
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