Mario Arciga v. Scott Frauenheim
| MARIO ARCIGA |
| SCOTT FRAUENHEIM, Warden, Warden |
| 22-16974 |
| December 22, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 20 Filed clerk order (Deputy Clerk: OC): The Emergency Motion to Dismiss Appeal as Moot (Docket No. [ # 15 ]) is DENIED without prejudice to renewal of the argument in the appeal, including in the briefs yet to be filed and at oral argument scheduled for March 7, 2023. Appellees Motion for Judicial Notice (Docket No. 16), not opposed by Appellant, is GRANTED. The briefing schedule is not changed. The answering brief remains due no later than February 21, 2023, and the optional reply brief remains due no later than February 24, 2023. In addition to issues already identified, the parties should discuss in the remaining briefs and be prepared to address at oral argument (1) whether, given the facts of this case, deciding this appeal would render the courts decision advisory, (2) whether there is any relief remaining for the court to provide the state, and (3) whether the district courts alleged error is capable of repetition yet evades review 2 because the state suffers the ongoing injury of being barred from enforcing its deference rule. [12654926] (OC) [Entered: 02/16/2023 01:55 PM] |
| Filing 19 Filed (ECF) Appellee Mario Arciga reply to response (). Date of service: 02/13/2023. [12652391] [22-16974] (Porter, David) [Entered: 02/13/2023 07:05 PM] |
| Filing 18 Filed (ECF) Appellant Scott Frauenheim response non-opposing motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing) motion to take judicial notice). Date of service: 02/10/2023. [12651180] [22-16974] (Eldridge, David) [Entered: 02/10/2023 04:06 PM] |
| Filing 17 Filed (ECF) Appellant Scott Frauenheim response opposing motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing)). Date of service: 02/10/2023. [12651150] [22-16974]--[COURT UPDATE: Edited docket text to reflect content of filing. 02/10/2023 by QDL] (Eldridge, David) [Entered: 02/10/2023 03:48 PM] |
| Filing 16 Filed (ECF) Appellee Mario Arciga Motion to take judicial notice of State Records from the Case of People v. Mario Alejandro Arciga, Fresno County Superior Court, Case No. F110904281.. Date of service: 02/10/2023. [12651135] [22-16974] (Porter, David) [Entered: 02/10/2023 03:42 PM] |
| Filing 15 Filed (ECF) Appellee Mario Arciga EMERGENCY Motion to dismiss the case. Date of service: 02/10/2023. [12651109] [22-16974] (Porter, David) [Entered: 02/10/2023 03:27 PM] |
| Filing 14 Received 6 paper copies of Opening Brief [ # 9 ] filed by Scott Frauenheim. (sent to panel) [12650951] (SD) [Entered: 02/10/2023 02:20 PM] |
| Filing 13 Received 3 paper copies of excerpts of record [ # 10 ] in 3 volume(s) and index volume filed by Appellant Scott Frauenheim. (sent to panel) [12650949] (SD) [Entered: 02/10/2023 02:18 PM] |
| Filing 12 Filed (ECF) Acknowledgment of hearing notice by Attorney David Miles Porter for Appellee Mario Arciga. Hearing in Other (Las Vegas) on 03/07/2023 at 9:00 A.M. (Courtroom: 7C). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/06/2023. [12646986] [22-16974] (Porter, David) [Entered: 02/06/2023 01:00 PM] |
| Filing 11 Filed clerk order: The opening brief [ # 9 ] submitted by Scott Frauenheim is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 10 ] submitted by Scott Frauenheim are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12646244] (SML) [Entered: 02/03/2023 04:58 PM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellant Scott Frauenheim. Date of service: 02/03/2023. [12645772] [22-16974] (Eldridge, David) [Entered: 02/03/2023 12:14 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellant Scott Frauenheim. Date of service: 02/03/2023. [12645768] [22-16974] (Eldridge, David) [Entered: 02/03/2023 12:10 PM] |
| Filing 8 Filed (ECF) Acknowledgment of hearing notice by Attorney David Andrew Eldridge for Appellant Scott Frauenheim. Hearing in Other (Las Vegas) on 03/07/2023 at 09:00 A.M. (Courtroom: 7C, Lloyd D. George U.S. Courthouse). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/25/2023. [12638078] [22-16974] (Eldridge, David) [Entered: 01/25/2023 10:33 AM] |
| Filing 7 Notice of Oral Argument on Tuesday, March 7, 2023 - 09:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, March 7, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12638042]. [22-16974] (KS) [Entered: 01/25/2023 10:08 AM] |
| Filing 6 Filed order (KIM MCLANE WARDLAW and GABRIEL P. SANCHEZ) Appellants emergency motion (Docket Entry No. [ # 3 ]) for a stay pending appeal of the district courts order granting appellees 28 U.S.C. 2254 habeas petition is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). We sua sponte expedite the briefing and hearing of this appeal. The opening brief is due February 6, 2023; the answering brief is due February 21, 2023; and the optional reply brief is due February 24, 2023. No streamlined requests for extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extension of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. The Clerk will place this appeal on the calendar for March 2023. See 9th Cir. Gen. Order 3.3(g). [12637628] (JBS) [Entered: 01/24/2023 03:46 PM] |
| Filing 5 Filed (ECF) Appellant Scott Frauenheim reply to response (motion to stay lower court action). Date of service: 01/14/2023. [12630832] [22-16974]--[COURT UPDATE: Edited docket text to reflect content of filing. 01/17/2023 by QDL] (Eldridge, David) [Entered: 01/14/2023 02:19 PM] |
| Filing 4 Filed (ECF) Appellee Mario Arciga Response to motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 01/14/2023. [12630826] [22-16974] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 01/17/2023 by TYL] (Porter, David) [Entered: 01/14/2023 02:35 AM] |
| Filing 3 Filed (ECF) Appellant Scott Frauenheim EMERGENCY Motion to stay lower court action. Date of service: 01/13/2023. [12630690] [22-16974] (Eldridge, David) [Entered: 01/13/2023 04:15 PM] |
| Filing 2 Fee status changed ( [Case Number 22-16974: Paid] ). [12627227] (TSP) [Entered: 01/10/2023 12:53 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Scott Frauenheim, Warden opening brief due 02/21/2023. Appellee Mario Arciga answering brief due 03/21/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12616442] (RT) [Entered: 12/22/2022 11:21 AM] |
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| Petitioner: MARIO ARCIGA | |
| Represented By: | Jerome Price Jr. |
| Represented By: | David Miles Porter |
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| Respondent: SCOTT FRAUENHEIM, Warden, Warden | |
| Represented By: | David Andrew Eldridge |
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