Alpheus Hamilton v. David Shinn, et al
| ALPHEUS ELITE HAMILTON |
| ATTORNEY GENERAL FOR THE STATE OF ARIZONA and DAVID SHINN, Director, ADOC |
| 21-15525 |
| March 24, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: KMB): The court has received and reviewed appellants response to this courts April 12, 2021 order to show cause. In the response, appellant declares that he delivered his original notice of appeal to prison authorities for mailing on October 20, 2020, within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). He also provides a copy of his prison mail log to document the mailing. Accordingly, the order to show cause is discharged. Appellants request for a certificate of appealability will be addressed in a future order. [12102548] (WL) [Entered: 05/05/2021 09:35 AM] |
| Filing 3 Filed Appellant Alpheus Elite Hamilton declaration with COA. [12081597] (RR) [Entered: 04/20/2021 06:39 PM] |
| 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 notice of appeal was not filed or deposited for mailing in the prisons internal mail system within 30 days after entry of the district courts judgment on October 5, 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. The court notes that appellants March 19, 2021, notice of appeal includes an allegation that he mailed an earlier notice of appeal to this court on October 20, 2020. This court has no record of receiving that earlier notice of appeal, and its receipt is not reflected on this courts or the district courts docket. Appellants March 19, 2021, notice of appeal also includes a portion of an outgoing prison mail log, but that log does not indicate exactly what appellant mailed to this court. If appellant elects to show cause, he must include a copy of his October 20, 2020, notice of appeal and a declaration demonstrating when it was deposited for mailing in the prisons internal mail system and whether first-class postage was prepaid. 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.[12071287] (WL) [Entered: 04/12/2021 03:42 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 10/05/2020. Record on appeal included: Yes. [12051733] (JMR) [Entered: 03/24/2021 10:03 AM] |
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