Ulysses Rios v. Ron Goodwin
| ULYSSES ALEXANDER RIOS |
| RON GOODWIN |
| 21-16899 |
| November 10, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 4 Filed order (DIARMUID F. O'SCANNLAIN and JAY S. BYBEE) : We have received and reviewed appellants response to this courts November 10, 2021, order to show cause. Appellants response contends that his notice of appeal should be considered timely because he did not receive the district courts judgment until October 15, 2021. While a pro se filing may, in certain circumstances, be treated as a motion to reopen time for appeal, see United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011), we cannot do so here because appellants response to the order to show cause was filed more than 14 days after his receipt of notice of entry of judgment. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(6)(B). Appellants notice of appeal did not include this allegation but, even if it had, it was also filed more than 14 days after receipt of actual notice and similarly could not be treated as a motion to reopen. Accordingly, the request for a certificate of appealability is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2). Any pending motions are denied as moot. DENIED. [12315796] (RT) [Entered: 12/14/2021 03:02 PM] |
| Filing 3 Filed Appellant Ulysses Alexander Rios response to order to show cause. [12299114] (NAC) [Entered: 11/28/2021 07:53 PM] |
| 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 September 14, 2021. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). 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. [12284705] (RT) [Entered: 11/10/2021 04:01 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/13/2021. Record on appeal included: Yes. [12284298] (RT) [Entered: 11/10/2021 01:08 PM] |
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| Petitioner / appellant: ULYSSES ALEXANDER RIOS | |
| Represented By: | Ulysses Alexander Rios |
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| Respondent / appellee: RON GOODWIN | |
| Represented By: | Pamela Kay Critchfield |
| Represented By: | Ann Patricia Wathen |
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