Mariano Madrid v. William Hutchings, et al
| MARIANO MADRID |
| ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| WILLIAM HUTCHINGS |
| 22-16639 |
| October 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 3 Filed order (PAUL J. WATFORD and MICHELLE T. FRIEDLAND) Although the October 20, 2022, notice of appeal was not filed or delivered to prison officials within 30 days after entry of the September 7, 2022, judgment, appellants notice of appeal includes a cover letter (Docket Entry No. 57-1) that alleges he did not receive notice of entry of judgment from the court. Appellants letter further explains that his family helped him obtain a copy of the district courts order and that he did not receive it until October 13, 2022. We construe appellants pro se cover letter and 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 October 20, 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. [12599783] (WL) [Entered: 12/01/2022 08:50 AM] |
| Filing 2 Filed Appellant Mariano Madrid motion for certificate of appealability. Deficiencies: None. Served on 10/18/2022. [12573225] (JFF) [Entered: 10/26/2022 11:21 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/06/2022. Record on appeal included: Yes. [12572280] (OC) [Entered: 10/25/2022 10:39 AM] |
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