Aaron Parsons v. Joe Lizarraga
| AARON ATLEE PARSONS |
| JOE A. LIZARRAGA, Warden |
| 22-16449 |
| September 22, 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 Aaron Atlee Parsons motion to reconsider Deficiencies: None. [12577628] (JFF) [Entered: 11/01/2022 10:19 AM] |
| Filing 6 Filed Appellant Aaron Atlee Parsons motion for certificate of appealability. Deficiencies: None. [12572311] (JFF) [Entered: 10/25/2022 10:49 AM] |
| Filing 5 Filed order (BARRY G. SILVERMAN, SANDRA S. IKUTA and ERIC D. MILLER) On September 21, 2022, the district court filed appellants request that this court direct the district court to reopen his case. The district court treated appellants September 21, 2022 filing as a notice of appeal of the district courts February 14, 2022 post-judgment order declining to reopen the case. To the extent that appellants September 21, 2022 filing is a notice of appeal, it is untimely. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated September 18, 2022 and filed on September 21, 2022, was not filed or delivered to prison officials within 30 days after the district courts post-judgment order entered on February 14, 2022. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Consequently, this appeal is dismissed for lack of jurisdiction. To the extent that appellants September 21, 2022 filing requests this court to order the district court to reopen the case, appellants filing is treated as a petition for writ of mandamus. The petition is denied because 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). DISMISSED in part; DENIED in part. [12570702] (OC) [Entered: 10/21/2022 04:49 PM] |
| Filing 4 Terminated Seth K. Schalit for Joe A. Lizarraga in 22-16449 [12547403] (BJK) [Entered: 09/22/2022 04:52 PM] |
| Filing 3 Added Attorney(s) Jill M. Thayer for party(s) Appellee Joe A. Lizarraga, in case 22-16449. [12546972] (BJK) [Entered: 09/22/2022 02:05 PM] |
| Filing 2 Filed (ECF) notice of appearance of Jill M. Thayer (California Department of Justice, Attorney General's Office, 455 Golden Gate Avenue, S.F., CA 94102) for Appellee Joe A. Lizarraga. Substitution for Attorney Seth K. Schalit for Appellee Joe A. Lizarraga. Date of service: 09/22/2022. (Party was previously proceeding with counsel.) [12546956] [22-16449] (Thayer, Jill) [Entered: 09/22/2022 01:58 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12546803] (RT) [Entered: 09/22/2022 12:18 PM] |
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| Petitioner / appellant: AARON ATLEE PARSONS | |
| Represented By: | Aaron Atlee Parsons |
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| Respondent / appellee: JOE A. LIZARRAGA, Warden | |
| Represented By: | Jill M. Thayer Esquire |
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