Joshua McGiboney v. Keith Yordy
| KEITH YORDY, Warden, Idaho State Correctional Institution |
| JOSHUA LEE MCGIBONEY |
| 21-35321 |
| April 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 6 Fee status changed ( [Case Number 21-35321: IFP] ). [12147586] (WL) [Entered: 06/17/2021 03:03 PM] |
| Filing 5 Filed order (WILLIAM C. CANBY and KENNETH K. LEE) Appeal No. 21-35321 is from the denial of appellants Federal Rule of Civil Procedure 60(b) motion, which appellant filed in the district court during the pendency of related Appeal No. 19-35327. The request for a certificate of appealability (Docket Entry No. [ # 3 ] in Appeal No. 21-35321) is granted with respect to the following issue: whether appellant was entitled to relief from judgment pursuant to Fed. R. Civ. P. 60(b). See 28 U.S.C. 2253(c)(3); see also 9th Cir. R. 22-1(e). Appellants in forma pauperis status extends to both appeals. The Clerk will update the docket accordingly. Appellants motion to expand the scope of Craig Durhams Criminal Justice Act appointment to include Appeal No. 21-35321 (Docket Entry No. [ # 3 ] in Appeal No. 21-35321) is granted. Appellants motion to consolidate (Docket Entry No. [ # 12104539-2 ] in Appeal No. 19- 35327; Docket Entry No. [ # 3 ] in Appeal No. 21-35321) is denied. Once Appeal No. 21-35321 is briefed, both appeals will be calendared together. The opening brief is due September 14, 2021; the answering brief is due October 14, 2021; the optional reply brief is due within 21 days after service of the answering brief. The Clerk will serve on appellant a copy of the After Opening a Case - Counseled Cases document. If Al Ramirez is no longer the appropriate appellee in this case, counsel for appellee must notify this court by letter of the appropriate substitute party within 21 days of the filing date of this order. See Fed. R. App. P. 43(c).[12147583] [21-35321, 19-35327] (WL) [Entered: 06/17/2021 03:02 PM] |
| Filing 4 Criminal Justice Act electronic voucher created. (Counsel: Craig H. Durham for Joshua Lee McGiboney) [12102115] (TG) [Entered: 05/04/2021 04:32 PM] |
| Filing 3 Filed (ECF) Appellant Joshua Lee McGiboney Motion for certificate of appealability, Motion for appointment of counsel, Motion to consolidate cases 35327. Date of service: 04/27/2021. [12090403] --[COURT ENTERED FILING to correct entry [2] .] (TYL) [Entered: 04/28/2021 04:16 PM] |
| Filing 2 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 3 ]. Original Text: Filed (ECF) Appellant Joshua Lee McGiboney Motion for certificate of appealability. Date of service: 04/27/2021. [12088227] [21-35321] (Durham, Craig) [Entered: 04/27/2021 10:53 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 04/09/2021. Record on appeal included: Yes. (Electronic: PACER) [12086801] (RT) [Entered: 04/26/2021 01:53 PM] |
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| Respondent / appellee: KEITH YORDY, Warden, Idaho State Correctional Institution | |
| Represented By: | Mark William Olson |
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| Petitioner / appellant: JOSHUA LEE MCGIBONEY | |
| Represented By: | Craig H. Durham |
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