Kipland Kinkel v. Gerald Long

Kipland Kinkel v. Gerald Long

Petitioner / Appellant:	KIPLAND KINKEL
Respondent / Appellee:	GERALD LONG, Superintendent, Oregon State Correctional Institution
Case Number:	22-35096
Filed:	February 2, 2022
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Habeas Corpus

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Docket Report

This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 7, 2022	Filing 2 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12362746] (TSP) [Entered: 02/07/2022 01:43 PM]
February 2, 2022	Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Kipland Kinkel opening brief due 04/04/2022. Appellee Gerald Long answering brief due 05/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12358732] (RT) [Entered: 02/02/2022 12:28 PM]

Date Filed

Document Text

February 7, 2022

Filing 2 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12362746] (TSP) [Entered: 02/07/2022 01:43 PM]

February 2, 2022

Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Kipland Kinkel opening brief due 04/04/2022. Appellee Gerald Long answering brief due 05/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12358732] (RT) [Entered: 02/02/2022 12:28 PM]

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Petitioner / appellant: KIPLAND KINKEL
Represented By:	Thaddeus Betz
Represented By:	Marsha L. Levick
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Respondent / appellee: GERALD LONG, Superintendent, Oregon State Correctional Institution
Represented By:	Samuel Abraham Kubernick Esquire
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