Justin Edmisten v. William Gittere, et al
| JUSTIN EDMISTEN and JUSTIN EDMISTON |
| WILLIAM L. GITTERE and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 22-16139 |
| August 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 7 Filed Appellant Justin Edmisten motion to Issue writ of mandamus. Deficiencies: Case closed. Served on 09/01/2022. [12549756] (HH) [Entered: 09/26/2022 03:56 PM] |
| Filing 6 Filed order (MILAN D. SMITH, JR., DANIEL A. BRESS and LAWRENCE VANDYKE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See Land v. Deeds, 878 F.2d 318 (9th Cir. 1989) (order denying bail on habeas petition is not appealable) (per curiam). Consequently, this appeal is dismissed for lack of jurisdiction. We construe appellants notice of appeal as a petition for writ of mandamus. Appellant has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977); see also Land, 878 F.2d at 318 (Bail pending a decision in a habeas case is reserved for extraordinary cases involving [12546992] (WL) [Entered: 09/22/2022 02:13 PM] |
| Filing 5 Filed Appellant Justin Edmisten letter dated re: relief sought. Paper filing deficiency: None. [12535521] (JFF) [Entered: 09/07/2022 04:50 PM] |
| Filing 4 Attorneys Mariana Kihuen and Mariana Kihuen in 22-16139 substituted by Attorneys Matthew S. Johnson and Matthew S. Johnson in 22-16139 [12519209] (JFF) [Entered: 08/17/2022 03:53 PM] |
| Filing 3 Filed (ECF) notice of appearance of Matthew S. Johnson (Nevada Office of Attorney General 100 N. Carson St. Carson City, NV 89701) for Appellees Attorney General for the State of Nevada and William L. Gittere. Substitution for Attorney Miss Mariana Kihuen for Appellees Attorney General for the State of Nevada and William L. Gittere. Date of service: 08/17/2022. (Party was previously proceeding with counsel.) [12519064] [22-16139] (Johnson, Matthew) [Entered: 08/17/2022 02:42 PM] |
| Filing 2 Received copy of motion filed in district court filed by Appellant Justin Edmisten. [12514230] (JFF) [Entered: 08/10/2022 01:59 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12506049] (RT) [Entered: 08/01/2022 10:29 AM] |
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