Daniel Jenkins v. John Myrick
| DANIEL LOREN JENKINS |
| JOHN MYRICK, Superintendent Two Rivers Correctional Institution |
| 22-35341 |
| April 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 7 Filed clerk order (Deputy Clerk: KMB): This appeal was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the April 6, 2022, motion. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). Accordingly, appellants motion to hold this appeal in abeyance (Docket Entry No. [ # 5 ]) is granted. Within 21 days after the district courts decision, appellant must notify this court in writing of the decision and state whether he wishes to move forward with this appeal. If so, any request for a certificate of appealability will be due in this court within 60 days after entry of the district courts post-judgment order. To challenge an adverse decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A copy of this order will be sent to the district court. [12467136] (WL) [Entered: 06/09/2022 08:57 AM] |
| Filing 6 Added Attorney(s) Erin Galli for party(s) Appellee John Myrick, in case 22-35341. [12466789] (JFF) [Entered: 06/08/2022 03:27 PM] |
| Filing 5 Filed (ECF) Appellant Daniel Loren Jenkins Unopposed Motion to stay appellate proceedings. Date of service: 06/08/2022. [12466743] [22-35341] (Hester, Thomas) [Entered: 06/08/2022 03:14 PM] |
| Filing 4 Filed (ECF) notice of appearance of Erin K. Galli (Oregon Department of Justice, 1162 Court St NE, Salem, OR 97301) for Appellee John Myrick. Date of service: 06/08/2022. (Party was previously proceeding with counsel.) [12466597] [22-35341] (Galli, Erin) [Entered: 06/08/2022 02:00 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: NA): Appellants motion for an extension of time to file a request for a certificate of appealability (Docket Entry No. [ # 2 ]) is granted. Any request for a certificate of appealability is due by June 30, 2022. [12456059] (WL) [Entered: 05/25/2022 11:23 AM] |
| Filing 2 Filed (ECF) Appellant Daniel Loren Jenkins Motion to extend time to file COA request until 06/30/2022. Date of service: 05/23/2022. [12453646] [22-35341] (Hester, Thomas) [Entered: 05/23/2022 11:21 AM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/27/2022. Record on appeal included: Yes. [12433955] (WL) [Entered: 04/28/2022 03:21 PM] |
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| Petitioner / appellant: DANIEL LOREN JENKINS | |
| Represented By: | Thomas J. Hester |
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| Respondent / appellee: JOHN MYRICK, Superintendent Two Rivers Correctional Institution | |
| Represented By: | James Aaron |
| Represented By: | Kristen Boyd |
| Represented By: | Erin Galli |
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