Manuel Sanchez v. Raybon Johnson
| MANUEL RUBEN SANCHEZ |
| RAYBON C. JOHNSON, Warden |
| 22-55695 |
| July 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 07/28/2022). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12534771] (CKP) [Entered: 09/07/2022 10:36 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): A review of the record suggests that this court may lack jurisdiction over this appeal because the June 21, 2022 order challenged in the notice of appeal, dated July 10, 2022, is not final or appealable. See Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judges findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court). To date, appellant has not yet filed a notice of appeal from the district courts final judgment entered on July 26, 2022. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal 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 the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is stayed. [12504445] (CKP) [Entered: 07/28/2022 02:57 PM] |
| Filing 2 Received copy of District Court order filed on 07/25/2022. Denying Certificate of Appealability. [12502492] (NAC) [Entered: 07/26/2022 12:11 PM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12497761] (OC) [Entered: 07/19/2022 04:38 PM] |
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| Petitioner / appellant: MANUEL RUBEN SANCHEZ | |
| Represented By: | Manuel Ruben Sanchez |
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| Respondent / appellee: RAYBON C. JOHNSON, Warden | |
| Represented By: | Ana R. Duarte |
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