Doshmen Johnson v. Dave Davey
| DOSHMEN JOHNSON |
| DAVE DAVEY, Warden |
| 21-16657 |
| October 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 7 Filed (ECF) Appellant Doshmen Johnson response to order to show cause dated 10/13/2021. Date of service: 11/03/2021. [12277475] [21-16657] (Drous, Juliana) [Entered: 11/03/2021 03:01 PM] |
| Filing 6 Deleted Incorrect Entry (Document will be filed in the correct Case No. 21-16457). [12257592] (JFF) [Entered: 10/14/2021 03:13 PM] |
| Filing 5 Filed (ECF) Appellant Doshmen Johnson Corrected Motion for certificate of appealability. Date of service: 10/13/2021. [12255698] --[COURT ENTERED FILING per order in case 18-15681.] (TYL) [Entered: 10/13/2021 01:25 PM] |
| Filing 4 Filed (ECF) Appellant Doshmen Johnson Correspondence: Declaration in support of motion. Date of service: 10/13/2021 [12255696] --[COURT ENTERED FILING per order in case 18-15681.] (TYL) [Entered: 10/13/2021 01:24 PM] |
| Filing 3 Filed (ECF) Appellant Doshmen Johnson Motion for certificate of appealability. Date of service: 10/13/2021. [12255693] --[COURT ENTERED FILING per order in case 18-15681.] (TYL) [Entered: 10/13/2021 01:23 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): In Appeal No. 18-15681, appellant filed a request for a certificate of appealability (COA) (Docket Entry No. [ # 12245525-2 ] ), a supporting declaration (Docket Entry No. [ # 12246140-2 ]), and a corrected request for a COA (Docket Entry No. [ # 12246189-2 ]). The Clerk will transfer Docket Entry Nos. [ # 12245525-2 ], [ # 12246140-2 ], and [ # 12246189-2 ] to Appeal No. 21-16657. As to Appeal No. 21-16657, the record suggests that this court may lack jurisdiction over the request for a COA because the order challenged is not an appealable order. See Martinez v. Ryan, 926 F.3d 1215, 1229 (9th Cir. 2019) (district courts order declining to entertain a Fed. R. Civ. 60(b) motion is not appealable); see also Defenders of Wildlife v. Bernal, 204 F.3d 920, 930 (9th Cir. 2000) (district court order declining to entertain or grant a Rule 60(b) motion is not a final determination on the merits and thus not appealable); Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984) (same). Within 21 days after this order, appellant must move for voluntary dismissal of Appeal No. 21-16657 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 appeal pursuant to Ninth Circuit Rule 42-1. Insofar as appellants request for a COA alternatively seeks authorization for the district court to consider a second or successive 28 U.S.C. 2254 petition, see 28 U.S.C. 2244(b)(3), appellant must file a separate application seeking that relief. See 9th Cir. R. 22-3. The Clerk will include with this order a copy of the standard form application for leave to file a second or successive petition. [12255350] [18-15681, 21-16657] (JPD) [Entered: 10/13/2021 11:02 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/03/2021. Record on appeal included: Yes. [12250929] (JMR) [Entered: 10/07/2021 01:46 PM] |
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| Petitioner / appellant: DOSHMEN JOHNSON | |
| Represented By: | Juliana Drous Esquire |
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| Respondent / appellee: DAVE DAVEY, Warden | |
| Represented By: | David Andrew Eldridge |
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