Christopher Oliver v. Kathleen Allison
| CHRISTOPHER W. OLIVER |
| KATHLEEN ALLISON |
| 21-16861 |
| November 3, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: KMB): On November 29, 2021, the district court granted appellants motion to extend time to file the notice of appeal. This appeal will move forward based on appellants November 1, 2021, notice of appeal. This court will rule on the request for a certificate of appealability and any pending motions in a later order. [12301061] (OC) [Entered: 11/30/2021 11:05 AM] |
| Filing 3 Received copy of District Court order filed on 11/29/2021 ORDER. Mr. Olivers motion is timely, and he has shown good cause for an extension of time: there is no danger of prejudice; the delay was short and the result of factors outside Mr. Olivers control; and his conduct was in good faith. See Pincay v. Andrews, 389 F.3d 853, 85556 (9th Cir. 2004) (en banc) (citing Pioneer Investment Servs. Co. v. Brunswick Assocs. Ltd. Pship, 507 U.S. 380, 395 (1993)). The motion for an extension of time at ECF No. 25 is granted. The clerks office is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. [12299983] (RL) [Entered: 11/29/2021 02:23 PM] |
| Filing 2 Filed order (JACQUELINE H. NGUYEN and DANIELLE J. FORREST) Although the notice of appeal was not filed or delivered to prison officials within 30 days after entry of the September 14, 2021, judgment, on November 1, 2021, appellant filed a timely motion for an extension of time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). The district court mistakenly docketed this motion only as a notice of appeal. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants November 1, 2021, motion. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to extend time, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12293951] (OC) [Entered: 11/19/2021 04:34 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/14/2021. Record on appeal included: Yes. [12277341] (WL) [Entered: 11/03/2021 02:23 PM] |
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| Petitioner / appellant: CHRISTOPHER W. OLIVER | |
| Represented By: | Christopher W. Oliver |
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| Respondent / appellee: KATHLEEN ALLISON | |
| Represented By: | Justain P. Riley |
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