Derrick Cooper v. Robert Neuschmid
| DERRICK A. COOPER |
| ROBERT NEUSCHMID, Warden |
| 21-16217 |
| July 22, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 8 Filed order (KIM MCLANE WARDLAW and BRIDGET S. BADE): We have received and reviewed appellants response to this courts July 22, 2021 order to show cause. The request for a certificate of appealability is denied because the notice of appeal was not timely filed and appellant did not file a motion to extend time for appeal in the district court within the jurisdictional time limit. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(5)(A). Any pending motions are denied as moot. DENIED. [12228767] (AF) [Entered: 09/15/2021 09:12 AM] |
| Filing 7 Filed Appellant Derrick A. Cooper motion to proceed In Forma Pauperis. Deficiencies: None. [12201783] (RR) [Entered: 08/14/2021 04:24 AM] |
| Filing 6 Filed Appellant Derrick A. Cooper CJA Form 23. Deficiencies: None. [12201782]. [12201782] (RR) [Entered: 08/14/2021 04:17 AM] |
| Filing 5 Filed Appellant Derrick A. Cooper motion to appoint counsel. Deficiencies: None. [12201781] (RR) [Entered: 08/14/2021 04:15 AM] |
| Filing 4 Received notice of change of address dated 08/06/2021 from Derrick A. Cooper. New address: 31625 Highway 101, Soledad, CA 93960. [12199999] (RR) [Entered: 08/12/2021 02:47 PM] |
| Filing 3 Filed Appellant Derrick A. Cooper response to order to show cause. [12192676] (RR) [Entered: 08/05/2021 09:05 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The record suggests that this court may lack jurisdiction over this request for a 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 June 7, 2021. 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 a 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 a certificate of appealability pursuant to Ninth Circuit Rule 42-1. [12180752] (AF) [Entered: 07/22/2021 04:58 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 06/07/2021. Record on appeal included: Yes. [12180141] (WL) [Entered: 07/22/2021 12:05 PM] |
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| Petitioner / appellant: DERRICK A. COOPER | |
| Represented By: | Derrick A. Cooper |
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| Respondent / appellee: ROBERT NEUSCHMID, Warden | |
| Represented By: | Linda M. Murphy |
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