Iokepa Leialoha v. State of Hawaii Department of Public Safety, et al
| IOKEPA K. LEIALOHA |
| STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY, FRED HYUN, KRAMER MAHOE, Cramer Mahoe, AUAU, ACO; Don Auau, TABAR, ACO, KYLE WISE, ACO, Kyle Fernandez-Wise, KAHAPEA, Lt., SAM KAEO, Sgt., CHONG, Sgt., SANCHEZ, ACO, ALO, ACO, Andy Ahuna Alo-Faituli, LEE, ACO, Robert Lee and SUGITAN, Sgt., Ernest Suguitan |
| 22-16430 |
| September 20, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 4 Filed Appellant Iokepa K. Leialoha motion to extend time to file appellant opening brief until 12/23/2022. Deficiencies: Briefing stayed. Served on 10/11/2022. [12573620] (HH) [Entered: 10/26/2022 03:03 PM] |
| Filing 3 Filed order (BARRY G. SILVERMAN and ERIC D. MILLER) Although the September 19, 2022 notice of appeal was not filed or delivered to prison officials within 30 days after entry of the June 23, 2022 judgment, appellants notice of appeal includes an allegation that he did not receive notice of entry of judgment until September 2022. We construe appellants pro se notice of appeal as a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants September 19, 2022 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12572630] (CKP) [Entered: 10/25/2022 02:22 PM] |
| Filing 2 Filed Appellant Iokepa K. Leialoha motion to appoint counsel. Deficiencies: None. Served on 09/27/2022. [12561577] (HH) [Entered: 10/12/2022 02:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Iokepa K. Leialoha opening brief due 11/18/2022. Appellees Alo, Auau, Chong, Fred Hyun, Sam Kaeo, Kahapea, Lee, Kramer Mahoe, Sanchez, State of Hawaii Department of Public Safety, Sugitan, Tabar and Kyle Wise answering brief due 12/19/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12544601] (JMR) [Entered: 09/20/2022 01:24 PM] |
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