Faron Hawkins v. Gary Raney, et al
| FARON RAYMOND HAWKINS |
| GARY RANEY, Ada County Sheriff, ROGER BOURNE, Ada County Prosecutor, JAN BENNETTS, Ada County Prosecutor, KEITH YORDY, Warden, RANDY BLADES, Warden, JAY CHRISTENSEN, Custodian and AL RAMIREZ, Warden |
| 22-35618 |
| August 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 6 Filed Appellant Faron Raymond Hawkins letter dated 08/26/2022 re: formal complaint against d/c judge. Paper filing deficiency: None. [12533351] (DJV) [Entered: 09/06/2022 07:41 AM] |
| Filing 5 Filed Appellant Faron Raymond Hawkins motion petition for extraordinary writ. Deficiencies: None. Served on 08/26/2022. [12533348] (DJV) [Entered: 09/06/2022 07:39 AM] |
| Filing 4 Filed Appellant Faron Raymond Hawkins motion for recons. Deficiencies: None. Served on 08/26/2022. [12533347] (DJV) [Entered: 09/06/2022 07:35 AM] |
| Filing 3 Filed Appellant Faron Raymond Hawkins motion for judicial notice. Deficiencies: case closed . Served on 08/16/2022. [12528737] (DJV) [Entered: 08/29/2022 02:41 PM] |
| Filing 2 Filed order (MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and DANIELLE J. FORREST): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, dated July 23, 2022 and filed on August 3, 2022, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on January 6, 2022. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Appellants statement in his notice of appeal that he did not receive the judgment cannot be treated as a motion to reopen the time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(6)(B) (motion must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); see also 28 U.S.C. 2107(c). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12521769] (AF) [Entered: 08/19/2022 04:32 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12509894] (JMR) [Entered: 08/04/2022 03:33 PM] |
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