Anthony Scott v. W. Montgomerey
| ANTHONY JAMES SCOTT |
| W. L. MONTGOMEREY |
| 22-55518 |
| May 24, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Document Text |
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| Filing 6 Filed Appellant Anthony James Scott letter dated 06/19/2022 re: addendum to DE 4. Paper filing deficiency: case closed . [12490792] (DJV) [Entered: 07/11/2022 01:20 PM] |
| Filing 5 Filed order (Deputy Clerk: NA): Appellants motion for voluntary dismissal of this request for a certificate of appealability (Docket Entry No. [ # 4 ]) is granted. The request for a certificate of appealability is dismissed. See Fed. R. App. P. 42(b). This case is now closed. [12482276] (AF) [Entered: 06/28/2022 03:14 PM] |
| Filing 4 Filed Appellant Anthony James Scott motion for voluntary dismissal. Deficiencies: None. Served on 06/19/2022. [12481999] (DJV) [Entered: 06/28/2022 01:32 PM] |
| Filing 3 Received copy of District Court order filed on 06/03/2022 within 21 days, appellant shall file a response to this order. [12462919] (DJV) [Entered: 06/03/2022 11:24 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: KMB): 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 within 30 days after entry of the district courts judgment on March 9, 2022. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A). Appellant does not appear to be entitled to the benefit of the prison mailbox rule because his notice of appeal was mailed to the court by a third party who is not incarcerated. Cf. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Moreover, 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. [12456303] (RT) [Entered: 05/25/2022 01:59 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 03/09/2022. Record on appeal included: Yes. [12455393] (JMR) [Entered: 05/24/2022 03:41 PM] |
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| Petitioner / appellant: ANTHONY JAMES SCOTT | |
| Represented By: | Anthony James Scott |
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| Respondent / appellee: W. L. MONTGOMEREY | |
| Represented By: | Herbert S. Tetef |
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