Jorge Rodriguez v. Kathleen Allison
| JORGE RODRIGUEZ |
| KATHLEEN ALLISON, Secretary, CDCR |
| 22-16643 |
| October 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 3 Filed order (Deputy Clerk: KMB): On October 27, 2022, this court ordered appellant, within 21 days, either to file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This case is now closed. [12616450] (AF) [Entered: 12/22/2022 11:27 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KB): The district court judgment was entered on September 15, 2022. Appellants notice of appeal from that judgment was dated October 15, 2022, but was not filed until October 20, 2022. Thus, the notice of appeal was not filed within 30 days after entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Within 21 days after this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). If appellant does not comply with this order, the Clerk will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [12574111] (OC) [Entered: 10/27/2022 09:58 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 09/15/2022. Record on appeal included: Yes. [12572565] (WL) [Entered: 10/25/2022 01:45 PM] |
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| Petitioner / appellant: JORGE RODRIGUEZ | |
| Represented By: | Jorge Rodriguez |
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| Respondent / appellee: KATHLEEN ALLISON, Secretary, CDCR | |
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