Donald Oliver v. William Gittere, et al
| DONALD ALVA OLIVER |
| WILLIAM GITTERE and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 21-17102 |
| December 21, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed order (SIDNEY R. THOMAS and RYAN D. NELSON): We have received and reviewed appellants response to this courts December 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); Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988). Any pending motions are denied as moot. DENIED. [12366612] (AF) [Entered: 02/10/2022 01:55 PM] |
| Filing 7 Added Attorney(s) Trisha Chapman for party(s) Appellee William Gittere, in case 21-17102. [12338030] (RR) [Entered: 01/11/2022 04:07 PM] |
| Filing 6 Terminated Chris Davis for Attorney General for the State of Nevada in 21-17102, Charles L. Finlayson for William Gittere and Attorney General for the State of Nevada in 21-17102, Aaron Darnell Ford for Attorney General for the State of Nevada in 21-17102, Natasha Mary Gebrael for Attorney General for the State of Nevada in 21-17102, Adam Paul Laxalt for Attorney General for the State of Nevada in 21-17102, Adam Solinger for Attorney General for the State of Nevada in 21-17102, Jaimie Stilz for Attorney General for the State of Nevada in 21-17102 [12338004] (RR) [Entered: 01/11/2022 03:56 PM] |
| Filing 5 Filed (ECF) notice of appearance of Trisha Chapman (Nevada Office of the Attorney General, 555 E. Washington Ave., Ste. 3900, Las Vegas, NV 89101) for Appellees Attorney General for the State of Nevada and William Gittere. Substitution for Mr. Chris Davis for Appellee Attorney General for the State of Nevada, Charles L. Finlayson for Appellees Attorney General for the State of Nevada and William Gittere, Mr. Aaron Darnell Ford, Esquire for Appellee Attorney General for the State of Nevada, Natasha Mary Gebrael for Appellee Attorney General for the State of Nevada, Mr. Adam Paul Laxalt for Appellee Attorney General for the State of Nevada, Adam Solinger for Appellee Attorney General for the State of Nevada and Jaimie Stilz for Appellee Attorney General for the State of Nevada. Date of service: 01/11/2022. (Party was previously proceeding with counsel.) [12337954] [21-17102] (Chapman, Trisha) [Entered: 01/11/2022 03:39 PM] |
| Filing 4 COURT CORRECTION: Added Attorney(s) Aaron Darnell Ford, Charles L. Finlayson, Trisha Chapman, Adam Paul Laxalt, Adam Solinger, Chris Davis, Jaimie Stilz, Natasha Mary Gebrael, Charles L. Finlayson for party(s) Appellee Attorney General for the State of Nevada Appellee William Gittere, in case 21-17102. [12337257] (SLM) [Entered: 01/11/2022 10:53 AM] |
| Filing 3 Filed Appellant Donald Alva Oliver response to order to show cause of 12/22/21. Served on 12/30/2021. [12336811] (DJV) [Entered: 01/11/2022 07:44 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 November 15, 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. [12322743] (AF) [Entered: 12/22/2021 10:15 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/15/2021. Record on appeal included: Yes. [12322328] (OC) [Entered: 12/21/2021 04:13 PM] |
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