Davood Khademi v. Kelly Santoro
| DAVOOD KHADEMI |
| KELLY SANTORO, Acting Warden |
| 22-15054 |
| January 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Document Text |
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| Filing 7 Filed Appellant Davood Khademi letter dated 02/12/2022 re: Additional statements in support of case. Paper filing deficiency: None. [12372043] (RL) [Entered: 02/16/2022 12:12 PM] |
| Filing 6 Mail returned on 02/09/2022 addressed to Davood Khademi, re: [ # 2 ] Clerk Order. Returned envelope notes: paroled, return to sender, undeliverable as addressed, unable to forward. Resending to: case files; order was already resent to Atascadero State Hospital on 02/07/2022. [12368493] (LA) [Entered: 02/11/2022 04:33 PM] |
| Filing 5 Mail returned on 02/03/2022 addressed to Davood Khademi, re: [ # 1 ] Case Opening Documents. Returned envelope notes: paroled, return to sender, no such street, unable to forward. Resending to: ASH - ATASCADERO STATE HOSPITAL, P.O. Box 7001, Atascadero, CA 93423-7001 with copy of 01/14/2022 order [ # 2 ]. [12363075] (LA) [Entered: 02/07/2022 03:26 PM] |
| Filing 4 Received notice of change of address from Davood Khademi. New address: AT#073682-2, Unit 23, Atascadero State Hospital, PO Box 7001, Atascadero, CA 93423. [12357647] (RL) [Entered: 02/01/2022 02:26 PM] |
| Filing 3 Received copy of District Court order filed on 01/27/2022 ORDER. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioners motion for a certificate of appealability (ECF No. 52) is denied; and 2. Petitioners motion for transcripts (ECF No. 52) is denied. 3. The Clerk of this court is directed to transmit a copy of this Order to the Clerk of the United States Court of Appeals for the Ninth Circuit for filing in that court. [12354622] (RL) [Entered: 01/28/2022 01:45 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): The district court judgment was entered on October 28, 2021. Appellants notice of appeal from that judgment (titled a request for a certificate of appealability) is not dated and was not filed until December 8, 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). A response may be filed within 10 days after service of appellants declaration. 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. [12341737] (WL) [Entered: 01/14/2022 03:11 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 10/28/2021. Record on appeal included: Yes. [12339748] (RT) [Entered: 01/13/2022 09:21 AM] |
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| Petitioner / appellant: DAVOOD KHADEMI | |
| Represented By: | Davood Khademi |
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| Respondent / appellee: KELLY SANTORO, Acting Warden | |
| Represented By: | Tami M. Krenzin |
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