Michael Lane v. State of Nevada
Petitioner / Appellant: MICHAEL V. LANE
Respondent / Appellee: STATE OF NEVADA
Case Number: 22-16716
Filed: November 3, 2022
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Prisoner-Civil Rights
Docket Report

This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2022 Filing 7 Sent Appellant a copy of the FRAP and Ninth Circuit rules and a copy of DE numbers 1-5 in response to the letter of request filed on 12/08/2022. [12605883] (JR) [Entered: 12/08/2022 03:03 PM]
December 8, 2022 Filing 6 Filed Appellant Michael V. Lane letter dated 12/01/2022 re: major concerns regarding the case. Paper filing deficiency: None. [12605504] (NAC) [Entered: 12/08/2022 12:18 PM]
November 21, 2022 Filing 5 Filed clerk order (Deputy Clerk: KB): Appellants motion to extend time (Docket Entry No. [ # 3 ]) to respond to this courts November 9, 2022, order to show cause is granted. Appellants response and declaration are now due by January 13, 2023. Appellee may file a response within 10 days after service of appellants declaration. [12592714] (JBS) [Entered: 11/21/2022 01:54 PM]
November 18, 2022 Filing 4 Filed Appellant Michael V. Lane letter dated 11/15/2022 re: questions re: case, and e-filing. Paper filing deficiency: None. [12591347] (DJV) [Entered: 11/18/2022 01:16 PM]
November 17, 2022 Filing 3 Filed Appellant Michael V. Lane motion for an eot. Deficiencies: None. Served on 10/25/2022. [12590143] (DJV) [Entered: 11/17/2022 01:12 PM]
November 9, 2022 Filing 2 Filed clerk order (Deputy Clerk: KMB): The district courts final order was entered on October 3, 2022. Appellants notice of appeal was dated November 2, 2022, but was not filed until November 3, 2022. Thus, the notice of appeal was not filed within 30 days after entry of the post-judgment order denying appellants motion to alter or amend the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(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 if appellant complied with the requirements of Federal Rule of Appellate Procedure 4(c). See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Attached to appellants notice of appeal is a partially-completed form titled Submission of Document for Electronic Filing that was signed by appellant and dated November 2, 2022. The receipt and acknowledgement portion of the form is not signed by the by the law library supervisor. Within 21 days after this order, appellant must file with this court (1) a declaration or notarized statement attesting to the date his notice of appeal and accompanying Submission of Document for Electronic Filing were delivered to the law library supervisor for electronic filing with the district court, and (2) a completed copy of the Submission of Document for Electronic Filing form that has been signed by the law library supervisor and verifies the date on which the notice of appeal was delivered for electronic filing, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. A response may be filed within 10 days after service of appellants declaration. 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. [12583564] (AF) [Entered: 11/09/2022 11:17 AM]
November 3, 2022 Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/18/2022. Record on appeal included: Yes. [12579726] (JMR) [Entered: 11/03/2022 02:11 PM]

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Petitioner / appellant: MICHAEL V. LANE
Represented By: Michael V. Lane
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Respondent / appellee: STATE OF NEVADA
Represented By: Aaron Darnell Ford Esquire
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