Truonghai Nguyen v. Marcus Pollard
| TRUONGHAI THAI NGUYEN |
| MARCUS POLLARD, Warden |
| 22-55477 |
| May 11, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 6 Filed order (MARK J. BENNETT and DANIELLE J. FORREST) We decline to transfer appellants motion to extend time for appeal (Docket Entry No.[ # 5 ]) to the district court because it was filed after expiration of the jurisdictional deadline. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(5)(A), 26(b)(1) (appellate courts lack authority to extend time for appeal); Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir. 1994) (holding that a district court lacks authority to grant a motion to extend time for appeal if the motion was filed outside the time limits set by Fed. R. App. P. 4(a)(5)). The request for a certificate of appealability is denied because the notice of appeal was not timely filed. See 28 U.S.C. 2107, 2253(c)(2). Any pending motions are denied as moot. DENIED. [12479821] (WL) [Entered: 06/24/2022 04:20 PM] |
| Filing 5 Filed Appellant Truonghai Thai Nguyen motion to reopen the time for appeal. Deficiencies: None. Served on 06/09/2022. [12471111] (QDL) [Entered: 06/14/2022 03:36 PM] |
| Filing 4 Filed Appellant Truonghai Thai Nguyen motion for review and appeal from judgment of the United States District Court Central District of California. Deficiencies: None. Served on 05/04/2022. [12454045] (QDL) [Entered: 05/23/2022 02:37 PM] |
| Filing 3 Filed Appellant Truonghai Thai Nguyen motion to appoint counsel. Deficiencies: None. Served on 05/05/2022. [12448684] (QDL) [Entered: 05/17/2022 09:46 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KB): The record suggests that this court may lack jurisdiction over this request for a certificate of appealability because the notice of appeal was not filed or deposited for mailing in the prisons internal mail system within 30 days after entry of the district courts judgment on March 18, 2022. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c). The record does not reflect that appellant has filed a motion in the district court to extend or reopen the time for appeal. See Fed. R. App. P. 4(a)(5), (6), and 26(b)(1). Within 21 days after this order, appellant must move for voluntary dismissal of this request for a certificate of appealability or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of appellants memorandum. If appellant does not comply with this order, the Clerk will dismiss this request for a certificate of appealability pursuant to Ninth Circuit Rule 42-1. [12445796] (JMR) [Entered: 05/12/2022 03:56 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/18/2022. Record on appeal included: Yes. [12444521] (OC) [Entered: 05/11/2022 03:35 PM] |
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| Petitioner / appellant: TRUONGHAI THAI NGUYEN | |
| Represented By: | Truonghai Thai Nguyen |
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| Respondent / appellee: MARCUS POLLARD, Warden | |
| Represented By: | Herbert S. Tetef |
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