Michael Abeyta v. Warden
| MICHAEL ANTHONY ABEYTA |
| WARDEN, USP Lompoc |
| 22-55103 |
| January 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed clerk order (Deputy Clerk: KMB): On February 14, 2022, the district court granted appellants motion to reopen time for appeal. This appeal will move forward based on appellants January 10, 2022, notice of appeal. This court will rule on the request for a certificate of appealability and any pending motions in a later order. [12373609] (AF) [Entered: 02/17/2022 02:20 PM] |
| Filing 4 Filed order (SIDNEY R. THOMAS and RYAN D. NELSON): Although the notice of appeal, constructively filed on January 6, 2022, was not filed or delivered to prison officials within 60 days after entry of the October 28, 2021 judgment, appellants notice of appeal includes an allegation that he did not receive notice of entry of judgment from the district court. We construe appellants pro se notice of appeal as a motion to reopen pursuant to Federal Rule of Appellate Procedure 4(a)(6). See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). The district court has not had an opportunity to rule on that motion. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants January 6, 2022 motion to reopen the time for appeal. The district court is requested to serve a copy of its decision on this court at its earliest convenience. Briefing is stayed pending further order of the court. If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal. The Clerk will send a copy of this order directly to the district judge. [12366346] (AF) [Entered: 02/10/2022 11:44 AM] |
| Filing 3 Added Attorney(s) Bram M. Alden for party(s) Appellee Warden, in case 22-55103. [12352366] (NAC) [Entered: 01/26/2022 03:22 PM] |
| Filing 2 Filed (ECF) notice of appearance of Bram M. Alden (U.S. Attorney's Office, 1000 U.S. Courthouse, 312 North Spring Street, Los Angeles, CA 90012) for Appellee Warden. Date of service: 01/26/2022. (Party was previously proceeding with counsel.) [12352356] [22-55103] (Alden, Bram) [Entered: 01/26/2022 03:19 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 10/28/2021. Record on appeal included: Yes. [12351136] (RT) [Entered: 01/25/2022 04:27 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Michael Abeyta v. Warden | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner / appellant: MICHAEL ANTHONY ABEYTA | |
| Represented By: | Michael Anthony Abeyta |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent / appellee: WARDEN, USP Lompoc | |
| Represented By: | Juan M. Rodriguez |
| Represented By: | Bram M. Alden |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
