Carlos Viana Grossi v. USA, et al
| CARLOS ALEXANDRE VIANA GROSSI, AKA Carlos Viana-Grossi, AKA Carlos Alexandre Viana-Grossi |
| UNITED STATES OF AMERICA and M. ARVIZA, Warden |
| 22-56184 |
| December 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 17 Filed Appellant Carlos Alexandre Viana Grossi letter dated 02/09/2023 requesting copies of the docket sheet and forms 23 and 28. Copies sent. Paper filing deficiency: None. [12654027] (BJK) [Entered: 02/15/2023 03:29 PM] |
| Filing 16 Filed Appellant Carlos Alexandre Viana Grossi letter dated 01/27/2023 re:handwritten Form 28 response to the 1-20-23 order. Paper filing deficiency: None. [12648543] (BJK) [Entered: 02/07/2023 06:07 PM] |
| Filing 15 Filed Appellant Carlos Alexandre Viana Grossi response to 1-20-23 order to show cause. Served on 01/27/2023. [12648541] (BJK) [Entered: 02/07/2023 06:03 PM] |
| Filing 14 Filed Appellant Carlos Alexandre Viana Grossi letter dated 01/27/2023 requesting copy of docket sheet:. Paper filing deficiency: None. Sent copy to appellant. [12648537] --[Edited: Backdated entry to reflect correct filing date. 02/08/2023 by TYL] (BJK) [Entered: 02/07/2023 05:55 PM] |
| Filing 13 Filed Appellant Carlos Alexandre Viana Grossi letter dated 01/25/2023 re: Request for copy of docket sheet. Paper filing deficiency: None. (Sent appellant copy of docket sheet.) [12641029] (QDL) [Entered: 01/27/2023 03:06 PM] |
| Filing 12 Filed original and 7 copies of Appellant Carlos Alexandre Viana Grossi opening brief of 6 pages (Informal: Yes). Served on 01/25/2023. (Briefing remains stayed) [12641011] (LA) [Entered: 01/27/2023 03:02 PM] |
| Filing 11 Filed order (Appellate Commissioner): The motion to proceed in forma pauperis (Docket Entry No. [ # 5 ]) is granted. The Clerk will update the docket to reflect this status. A review of the record suggests that this appeal may be appropriate for summary disposition under Ninth Circuit Rule 3-6(b) because the district court correctly found that appellant must pursue his claims in a properly filed motion under 28 USC 2255. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). Within 21 days after this order, appellant must show cause why summary affirmance of the district courts judgment is not appropriate. If appellant does not comply with this order, this appeal may be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule is stayed and all pending motions are held in abeyance until further court order. (MOATT) [12635260] (JMR) [Entered: 01/20/2023 04:26 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: DA): The court has received and reviewed appellants response to this courts December 21, 2022 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on September 21, 2022, within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Accordingly, the December 21, 2022 order to show cause regarding timeliness of the notice of appeal is discharged. Briefing is suspended. See 9th Cir. R. 27-11 (a)(4). Appellants pending motions will be addressed by separate order. [12624897] (JBS) [Entered: 01/06/2023 02:15 PM] |
| Filing 9 Sent Appellant a copy of of Form 23 and Form 28 in respone to the letter of request filed on 01/04/2022. [12624433] (JR) [Entered: 01/06/2023 09:16 AM] |
| Filing 8 Filed Appellant Carlos Alexandre Viana Grossi letter dated 12/30/2022 requesting copy of docket sheet. Paper filing deficiency: None. Docket sheet sent. [12623230] --[Edited: Backdated entry to reflect correct filing date. 01/09/2023 by TYL] (BJK) [Entered: 01/04/2023 04:33 PM] |
| Filing 7 Filed Appellant Carlos Alexandre Viana Grossi response to 12-21-22 order. Served on 12/30/2022. [12623221] --[Edited: Backdated entry to reflect correct filing date. 01/09/2023 by TYL] (BJK) [Entered: 01/04/2023 04:29 PM] |
| Filing 6 Filed Appellant Carlos Alexandre Viana Grossi letter dated 12/30/2022 descrbing documents he's filed, and asking for a Form 23 to be sent. Paper filing deficiency: None. [12623208] --[Edited: Backdated entry to reflect correct filing date. 01/09/2023 by TYL] (BJK) [Entered: 01/04/2023 04:23 PM] |
| Filing 5 Filed Appellant Carlos Alexandre Viana Grossi motion to proceed In Forma Pauperis. Deficiencies: None. Served on 12/30/2022. [12623196] --[Edited: Backdated entry to reflect correct filing date. 01/09/2023 by TYL] (BJK) [Entered: 01/04/2023 04:19 PM] |
| Filing 4 Filed Appellant Carlos Alexandre Viana Grossi motion for legal mail protection. Deficiencies: None. Served on 12/30/2022. [12623184] (BJK) [Entered: 01/04/2023 04:13 PM] |
| Filing 3 Filed Appellant Carlos Alexandre Viana Grossi letter dated 12/28/2022 re:new case. Paper filing deficiency: None. [12619952] (BJK) [Entered: 12/29/2022 12:29 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district court judgment was entered on the docket on September 7, 2022. Appellants notice of appeal from that judgment was not filed until December 9, 2022. Thus, the notice of appeal, dated December 2, 2022, was not filed within 60 days after the entry of the judgment. See 28 U.S.C 2107(b); Fed. R. App. P. 4(a)(2). Appellants December 2, 2022 notice of appeal states that appellant delivered an earlier notice of appeal to prison officials on September 21, 2022, but no earlier notice of appeal appears on the district courts docket. Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court if appellant complies with the requirements of Federal Rule of Appellate Procedure 4(c). See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant must file with this court a declaration attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, accompanied by a copy of appellants prisoner mail log reflecting the September 21, 2022 submission, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12615766] (CKP) [Entered: 12/21/2022 01:08 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Carlos Alexandre Viana Grossi opening brief due 02/21/2023. [12613835] (RT) [Entered: 12/19/2022 12:03 PM] |
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