Jose Rivas v. Scott Kernan
| JOSE RODOLFO RIVAS |
| SCOTT KERNAN |
| 21-16784 |
| October 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed order (Appellate Commissioner): Kenny N. Giffards motion to withdraw as appellants counsel of record (Docket Entry No. [ # 5 ]) is granted. See 9th Cir. R. 4-1(c). The Clerk will serve a copy of this order on appellant Jose Rodolfo Rivas, AM8797, at Folsom State Prison, P.O. Box 715071, Represa, CA 95671, and will update the docket to reflect that appellant is proceeding pro se. (Staff Attorney Office) [12322138] (OC) [Entered: 12/21/2021 02:53 PM] |
| Filing 6 Filed (ECF) Appellant Jose Rodolfo Rivas motion. Attorney(s) Attorney Mr. Kenny N. Giffard for Appellant Jose Rodolfo Rivas motion to withdraw as counsel. Date of service: 12/14/2021. [12316042] [21-16784] (Giffard, Kenny) [Entered: 12/14/2021 05:26 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: KMB): On October 27, 2021, this court directed counsel Kenny N. Giffard to notify this court whether he intends to represent appellant on appeal or file a motion to withdraw as counsel of record. To date, counsel has not complied. Within 14 days of this order, counsel Giffard must notify the court that he will prosecute this appeal or move to withdraw by complying with Ninth Circuit Rule 4-1(c). The Clerk will serve this order on counsel Giffard and on appellant Jose Rodolfo Rivas: AM8797, Folsom State Prison, P.O. Box 715071, Represa, CA 95671. [12301091] (OC) [Entered: 11/30/2021 11:14 AM] |
| Filing 4 Filed (ECF) Appellant Jose Rodolfo Rivas response to Court order dated 10/27/2021. Date of service: 11/17/2021. [12290793] [21-16784] (Giffard, Kenny) [Entered: 11/17/2021 03:50 PM] |
| Filing 3 Filed Appellant Jose Rodolfo Rivas motion for certificate of appealability. Deficiencies: None. [12270248] (NAC) [Entered: 10/27/2021 11:42 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): Appellant was represented in the district court by attorney Kenny N. Giffard. On October 25, 2021, appellant filed a pro se notice of appeal. Counsel Giffard has not been granted leave to withdraw by the district court or this court. Counsel has the duty to continue to represent the appellant on appeal until counsel is relieved by this court. See 9th Cir. R. 4-1(a). Therefore, even though the notice of appeal was filed pro se, counsel Giffard remains responsible for prosecuting this appeal. The Clerk will serve this order on counsel Giffard, who must serve a copy of this order on appellant and provide proof of service to this court showing appellants current address and registration number within 21 days after the date of this order. Counsel must also, within 21 days after the date of this order, either notify this court that he intends to represent appellant on appeal or file a motion to withdraw under Ninth Circuit Rule 4-1(c). [12269897] (JPD) [Entered: 10/27/2021 08:49 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/30/2021. Record on appeal included: Yes. [12268918] (RT) [Entered: 10/26/2021 11:10 AM] |
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| Petitioner / appellant: JOSE RODOLFO RIVAS | |
| Represented By: | Kenny N. Giffard |
| Represented By: | Jose Rodolfo Rivas |
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| Respondent / appellee: SCOTT KERNAN | |
| Represented By: | Christina Hitomi Simpson |
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