Stephen Choate v. Williams, et al
| STEPHEN LEE CHOATE |
| WILLIAMS and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 22-16494 |
| September 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 4 Filed Appellant Stephen Lee Choate motion to reconsider Panel order of the Court filed on 10/27/2022. Deficiencies: None [12584886] (NAC) [Entered: 11/10/2022 12:57 PM] |
| Filing 3 Filed order (MARY M. SCHROEDER and JAY S. BYBEE) The record reflects that appellant did not receive timely notice of entry of judgment. Although a pro se notice of appeal may, in certain circumstances, be treated as a motion to reopen time for appeal, see United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011), we cannot do so here because appellants notice of appeal was filed more than 180 days after entry of the district courts March 7, 2022, judgment. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(6)(B). The request for a certificate of appealability (Docket Entry No. 2) is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2); Fed. R. App. P. 4(a)(1). Any pending motions are denied as moot. DENIED. [12574374] (OC) [Entered: 10/27/2022 11:37 AM] |
| Filing 2 Filed Appellant Stephen Lee Choate motion for certificate of appealability. Deficiencies: None. [12565380] (NAC) [Entered: 10/17/2022 03:05 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/07/2022. Record on appeal included: Yes. [12552304] (RT) [Entered: 09/29/2022 11:21 AM] |
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