USA v. Joel Parker
| UNITED STATES OF AMERICA |
| JOEL K. PARKER |
| 23-15159 |
| February 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Filing 6 Filed Appellant Joel K. Parker petition for the extension of time for the filing of reconsideration, panel rehearing en banc determination. Deficiencies: None. Served on 03/29/2023. [12688936] (RL) [Entered: 04/04/2023 03:02 PM] |
| Filing 5 Filed order (JACQUELINE H. NGUYEN and BRIDGET S. BADE) The district court denied appellants 28 U.S.C. 2255 motion on February 19, 2013, and this court denied appellants related request for a certificate of appealability (COA) in Appeal No. 13-15512. Appellant filed a Fed. R. Civ. P. 60(b) motion in the district court on May 12, 2021. The district court denied the Rule 60(b) motion on October 21, 2021. Appellant did not file a timely notice of appeal from the October 21, 2021, order or any timely motion that could have tolled the time to appeal. See Fed. R. App. P. 4(a)(4). Instead, on December 27, 2021 and February 14, 2022, appellant filed two motions to extend time to file a Fed. R. Civ. P. 59(e) motion so that he could challenge the ruling on the Rule 60(b) motion. On May 25, 2022, the district court denied appellants motions to extend time to file a Rule 59(e) motion. On July 11, 2022, appellant filed a timely notice of appeal from the May 25, 2022, order. See Fed. R. App. P. 4(a)(1)(B). The district court denied a COA on November 9, 2022. Because no appeal had been opened from the July 11, 2022, notice of appeal, appellant filed a renewed notice of appeal on February 6, 2023, resulting in the opening of this docket, Appeal No. 23-15159. Although the July 11, 2022, notice of appeal was not initially transmitted to this court for processing, this appeal is deemed filed as of July 11, 2022. This appeal is timely only as to the district courts May 25, 2022, order denying appellants motions for an extension of time to file a Rule 59(e) motion. The request for a COA is denied because appellant has not shown that jurists of reason would find it debatable whether the [motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Gonzalez v. Crosby, 545 U.S. 524, 530-31 (2005); Ortiz v. Stewart, 195 F.3d 520, 520-21 (9th Cir. 1999); United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015). All pending motions are denied as moot. DENIED. [12673019] (OC) [Entered: 03/13/2023 02:23 PM] |
| Filing 4 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the letter of request filed on 02/27/2023. [12663117] (JR) [Entered: 02/27/2023 04:53 PM] |
| Filing 3 Filed Appellant Joel K. Parker letter dated 02/20/2023 re: Request for rules book. Paper filing deficiency: None. [12663086] (RL) [Entered: 02/27/2023 04:37 PM] |
| Filing 2 Filed Appellant Joel K. Parker request to expand issues for review. Deficiencies: None. Served on 02/20/2023. [12663080] (RL) [Entered: 02/27/2023 04:33 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/09/2022. Record on appeal included: Yes. [12647691] (JMR) [Entered: 02/07/2023 09:24 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Elizabeth Olson White Esquire |
| Represented By: | Robert Lawrence Ellman |
| Represented By: | Peter Stuart Levitt Esquire |
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| Defendant / appellant: JOEL K. PARKER | |
| Represented By: | Joel K. Parker |
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