Gary Johnson, Jr. v. Christian Pfeiffer
| GARY JOHNSON, Jr. |
| CHRISTIAN PFEIFFER, Warden |
| 21-56217 |
| November 3, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed Appellant Gary Johnson, Jr. motion entitled "Request for 30 day extenison". Paper filing deficiency: No file order 12/13/2021.. [12321067] (RR) [Entered: 12/20/2021 03:53 PM] |
| Filing 5 Filed order (DIARMUID F. O'SCANNLAIN and JAY S. BYBEE): The court declines appellants request (Docket Entry No. [ # 4 ]) for instructions on how to file a Fed. R. Civ. P. 60(b) motion in the district court. No further filings will be entertained in this closed case. [12314335] (AF) [Entered: 12/13/2021 02:33 PM] |
| Filing 4 Filed Appellant Gary Johnson, Jr. letter dated 11/23/2021 re: I have question regarding case.. Paper filing deficiency: None. [12301933] (RR) [Entered: 11/30/2021 06:02 PM] |
| Filing 3 Terminated Aaron Spolin for Gary Johnson Jr. in 21-56217 [12290560] (RT) [Entered: 11/17/2021 02:43 PM] |
| Filing 2 Filed order (JACQUELINE H. NGUYEN and DANIELLE J. FORREST) : The district courts judgment was entered on March 10, 2021. Appellants retained counsel, Aaron Spolin, did not file a notice of appeal. On November 1, 2021, appellant filed pro se a notice of appeal (signed and dated October 26, 2021). The request for a certificate of appealability is denied because the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C. 2107(a), 2253(c)(2); Fed. R. App. P. 4(a)(1). The Clerk will remove counsel Spolin as counsel of record and amend the docket to reflect that appellant is proceeding pro se in this court. The court notes that under Mackey v. Hoffman, 682 F.3d 1247 (9th Cir. 2012), a district court has the authority to grant an incarcerated habeas petitioner relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) if the petitioner is able to demonstrate that his attorneys abandonment caused him to fail to timely file a notice of appeal. The Clerk will serve a copy of this order on counsel Spolin and on appellant Gary Johnson, Jr., CDCR #AX6594, individually at: Kern Valley State Prison, A#-127-UP, P.O. Box 5101, Delano, CA 93216. Any pending motions are denied as moot. DENIED. [12290556] (RT) [Entered: 11/17/2021 02:42 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/09/2021. Record on appeal included: Yes. [12277737] (OC) [Entered: 11/03/2021 04:49 PM] |
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| Petitioner / appellant: GARY JOHNSON, Jr. | |
| Represented By: | Aaron Spolin |
| Represented By: | Gary Johnson Jr. |
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| Respondent / appellee: CHRISTIAN PFEIFFER, Warden | |
| Represented By: | E. Carlos Dominguez Esquire |
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