Jeffery Lout v. State of Montana
| JEFFERY JOHN LOUT |
| STATE OF MONTANA |
| 21-35906 |
| October 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 6 Received copy of motion filed in district court re: Titled: Notice of Objections of 12/02/21 order denying coa. Motion filed by Appellant Jeffery John Lout. [12317470] (DJV) [Entered: 12/16/2021 06:20 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: KMB): The district court judgment was entered on September 20, 2021. Appellants notice of appeal from that judgment was dated October 20, 2021, but was not filed until October 28, 2021. Thus, the notice of appeal was not filed within 30 days after entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days after this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). 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. Briefing is suspended pending further order of this court. [12310745] (AF) [Entered: 12/08/2021 05:08 PM] |
| Filing 4 Received copy of motion filed in district court re: for confirmation of 9th Cir order. Motion filed by Appellant Jeffery John Lout. [12304263] (DJV) [Entered: 12/02/2021 03:10 PM] |
| Filing 3 Received copy of District Court order filed on 12/02/2021 for certificate of appealability denied. [12304258] (DJV) [Entered: 12/02/2021 03:05 PM] |
| Filing 2 Filed Appellant Jeffery John Lout motion for confirmation by the 9th Cir. Deficiencies: None. Served on 11/29/2021. [12303947] (DJV) [Entered: 12/02/2021 12:45 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12273073] (RT) [Entered: 10/29/2021 01:58 PM] |
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| Petitioner / appellant: JEFFERY JOHN LOUT | |
| Represented By: | Jeffery John Lout |
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| Respondent / appellee: STATE OF MONTANA | |
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